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SANTA CLARA COUNTY CODE OF ORDINANCES: Division B13 OFFENSES--MISCELLANEOUS

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division B13
OFFENSES--MISCELLANEOUS

CHAPTER I.
IN GENERAL*

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Editor's note--Ord. No. NS-636.00, § 1, adopted Aug. 7, 2001, repealed former Ch. I, §§ B13-1--B13-24. Section 3 of said ordinance enacted provisions designated as a new Ch. I, §§ B13-1--B13-14 to read as herein set out. Prior to inclusion of said ordinance, Ch. I pertained to similar subject matter. See the Code Comparative Table.

Sec. B13-1. Automatic telephone calling devices.

(a) No person except a public utility engaged in the business of providing communications services and facilities shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will upon activation either mechanically, electronically or by other automatic means, initiate an intrastate call and deliver a recorded message to any telephone number, without the prior written consent of the affected telephone subscriber.

(b) The term "telephone number" includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary telephone number is in use.

(c) Violation of this section is a misdemeanor.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-2. Fishing from Dunne Avenue bridge.

No person shall fish from the bridge which traverses Coyote Creek at the headwaters of the Anderson Reservoir at Dunne Avenue.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-3. Littering, obstructing streams.

(a) Prohibited. No person or persons shall place or throw, or cause to be placed or thrown, into any stream or creek within the County or into the bed or upon the banks thereof, any brush, timber, lumber, junk, cans, bottles or carcasses of any dead animals; provided that this section shall not apply to brush, timber or lumber, or other materials placed for the protection of the banks of streams and properly secured so as not to be carried away by the water.

(b) Reward. A reward of $50.00 is hereby offered by the County for information leading to the arrest and conviction of any person violating any of the provisions of this section.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-4. Littering reward.

A reward of $50.00 is hereby offered by the County for information leading to the arrest and conviction of any person for a violation of Penal Code § 374b.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-5. Loitering.

No person shall loiter or stand or sit in or upon any public highway, alley, sidewalk or crosswalk in the County so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same or so as in any manner to annoy or molest persons passing along the same.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-6. Obstructing entrances.

No person shall loiter, stand or sit in or at the entrance to any church, hall, theater or other place of public assemblage in the County so as to in any manner obstruct such entrance.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-7. Possession of firearms on Santa Clara Valley Water District--Prohibited.

No person shall, while on or upon any lands, reservoirs or structures owned or operated by the Santa Clara Valley Water District, have in his possession or under his custody or control firearms of any kind.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-8. Same--Exceptions.

The provisions of Section B13-16 shall not apply to any peace officer, or any person employed by the County, the State, or by the United States to destroy predatory animals, birds, or pests as defined in Food and Agricultural Code § 5006, when acting in the course of his or her employment.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-9. Same--Signs.

Appropriate signs prohibiting the possession of firearms shall be erected and displayed, not less than three to a mile, along all exterior boundaries and at all roads and trails entering the lands of the Santa Clara Valley Water District.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-10. Restricted areas of public buildings.

(a) No person shall enter areas of public buildings of public agencies which are enclosed by signs reading "Employees Only--Not Open to the Public," and therein willfully disturb or interfere with the discipline, good order, activity, or administration of a public agency, or therein threaten, insult, or abuse a public officer or employee.

(b) Violation of this section shall be punishable as an infraction.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-11. Discharge of firearms in unincorporated territory entirely surrounded by a city prohibited.

No person shall discharge a firearm within any unincorporated territory of the County which is entirely surrounded by an incorporated city. The provisions of this section shall not apply to any peace officer while acting in the performance of official duty.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-12. Spray paint containers, marker pens--Defined.

As used in the following section, spray paint containers and marker pens shall have the following meaning:

(a) Spray paint containers means any container, regardless of the material from which it is made, that is made for or adapted to the purpose of spraying paint or any other solution capable of defacing property which cannot be removed with water after it dries.

(b) Marker pens means any indelible marker or similar implement with a writing tip exceeding four millimeters in width that contains a solution which cannot be removed with water after it dries.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-13. Same--Storage and display.

(a) It shall be unlawful for any person who owns, conducts, operates or manages a commercial, retail or wholesale establishment where spray paint containers or marker pens are sold to store or display, or cause to be stored or displayed, such spray paint containers and marker pens in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition.

(b) Nothing herein shall preclude the storage or display of spray paint containers and marker pens in an area viewable by the public so long as such items are not accessible to the public without employee assistance.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-14. Targeted picketing of residences prohibited.

(a) No person shall engage in picketing activity that is targeted at, and is within 300 feet of, a residential dwelling. A "residential dwelling" is a permanent building being used by its occupants solely for nontransient residential uses. "Targeted" picketing is picketing activity that is directed at a particular residential dwelling and proceeds on a definite course or route in front of or around that residential dwelling.

(b) A person who is aggrieved by acts prohibited by this section may bring an action in a court of competent jurisdiction for injunctive or declaratory relief and/or damages. The damages may include costs, attorneys' fees and such other relief as allowed by the court, including, but not limited to, a civil penalty in the amount of up to $1,000.00. These remedies are in addition to any other equitable or legal remedies available to the aggrieved person, and are in addition to remedies that may be available in the criminal process.

(Ord. No. NS-636.00, § 3, 8-7-01)

Secs. B13-15--B13-29. Reserved.

CHAPTER II.
CURFEW FOR MINORS

Sec. B13-30. Established.

Except as hereinafter provided, it shall be unlawful for any person under the age of 18 years to loiter, be in or upon, stroll or play in or upon any public street, avenue, highway, road, alley, park, playground or place of amusement or entertainment, vacant lot or other unsupervised place, between the hours of 10:00 p.m. and 5:00 a.m. of the following day, unless such person is accompanied by a parent, guardian or other responsible adult having control or custody of such minor; or unless such person is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor.

(Code 1954, § 6.2.1-10; Ord. No. NS-607, § 1, 11-15-54)

Sec. B13-31. Exemptions.

This chapter shall not apply to any minor who shall have gone to a place of amusement or entertainment which he may legally attend prior to 10:00 p.m. wherein a regular program of evening entertainment shall have commenced or have been arranged to commence at 10:00 p.m. or prior thereto and shall have been held over or have been continued beyond 10:00 p.m., and such minor is thereafter returning therefrom directly to his place of residence; nor shall this chapter apply to such minor who shall have left a place of employment or social hall after 10:00 p.m., and such minor is thereafter returning directly to his home or place of residence.

(Code 1954, § 6.2.1-10.1; Ord. No. NS-607, § 1, 11-15-54)

Sec. B13-32. Parental responsibility.

It shall be unlawful for the parent, guardian or other adult person having the control, custody or care of any minor under the age of 18 years to permit, allow or let said minor to violate any provision of this chapter.

(Code 1954, § 6.2.1-10.2; Ord. No. NS-607, § 2, 11-15-54)

Sec. B13-33. Burden of proof.

For the purposes of this chapter, the burden of proof shall be upon the adult person who may accompany the minor to establish the fact of care and custody of the minor. The mere fact that the minor is accompanied by an adult person shall not give rise to a presumption that said adult person did in fact have the care and custody of said minor. The burden of proof shall be met by proof of the fact that said adult person is a person who has received the express permission of the parent or guardian to accompany said minor, or by proof that said adult person has been entrusted with the legal custody of said minor.

(Code 1954, § 6.2.1-10.3; Ord. No. NS-607, § 3, 11-15-54)

Sec. B13-34. Violations by minors.

Any minor violating the provisions of this chapter shall be guilty of a misdemeanor and shall be dealt with pursuant to the provisions of Chapter 2, Part 1 of Division 2 of the Welfare and Institutions Code of the State (Welfare and Institutions Code § 200 et seq.).

(Code 1954, § 6.2.1-10.4; Ord. No. NS-607, § 4, 11-15-54)

Sec. B13-35. Violations by adults.

Any parent, guardian or other adult person violating this chapter shall be guilty of a misdemeanor and upon conviction thereof shall, for the first offense, be fined not less than $25.00 nor more than $50.00 or be confined in the County jail not more than ten days or punished by both such fine and imprisonment. For the second offense, he shall be fined not less than $50.00 nor more than $100.00 or be confined in the County jail not more than 30 days or punished by said fine and imprisonment. For each subsequent offense, such person shall be fined not less than $100.00 nor more than $500.00 or be confined in the County jail not more than 90 days or punished by both said fine and imprisonment.

(Code 1954, § 6.2.1-10.4; Ord. No. NS-607, § 4, 11-15-54)

Secs. B13-36--B13-45. Reserved.

CHAPTER III.
RESERVED*

Editor's note--Ord. No. NS-636.00, § 2, adopted Aug. 7, 2001, repealed Ch. III, §§ B13-46--B13-51, which pertained to obscene and crime publications. See the Code Comparative Table.

Secs. B13-46--B13-61. Reserved.

CHAPTER IV.
PROHIBITION AGAINST DISCRIMINATION BASED ON HIV OR AIDS*

Editor's note--Section 1 of Ord. No. NS-519.5, enacted Oct. 21, 1986, repealed former Ch. IV, §§ B13-62--B13-70, which pertained to parades, processions and meetings and derived from §§ 7.1.2-1--7.1.2-8 of the 1954 Code. Section 2 of Ord. No. NS-519.5 added a new Ch. VII to Div. B3 pertaining to parades. Subsequently, § 1 of Ord. No. NS-300.423, adopted Dec. 8, 1987, added a new Ch. 4, §§ B13-62--B13-74. Additionally, Ord. No. NS-300.646, § 1, adopted Jan. 23, 2001, amended the title of Ch. IV to read as herein set out.

Sec. B13-62. Purpose.

It is the policy of the County of Santa Clara to eliminate discrimination against persons with HIV or AIDS, or persons perceived to have HIV or AIDS. Towards this end, the County of Santa Clara hereby adopts anti-discriminatory ordinance provisions affecting employment, real property transactions, business establishments, and HIV/AIDS testing.

(Ord. No. NS-300.423, § 1, 12-8-87; Ord. No. NS-300.646, § 2, 1-23-01)

Sec. B13-63. Definitions.

As used in this chapter, the following terms have the meaning set forth in this section.

(a) AIDS means acquired immune deficiency syndrome.

(b) Business establishment means any entity, however organized, which furnishes goods or services to the general public. An otherwise qualified establishment which has membership requirements is considered to furnish services to the general public if its membership requirements: (a) consist only of payment of fee; or (b) consist of requirements under which a substantial portion of the residents of this County could qualify.

(c) Bona fide occupational qualification means, but is not limited to, the capacity of a person to perform his or her duties without endangering his or her health or safety, or the health or safety of others.

(d) Employer means any natural person, firm, corporation, partnership, or other organization, association or group of persons however organized, having one or more employees or volunteers.

(e) HIV means human immunodeficiency virus.

(f) Perceived to have HIV or AIDS means any perception that a person is either at risk from suffering from HIV or AIDS, or has HIV or AIDS, whether that perception is real or imaginary.

(g) Real property transaction means any transaction affecting real property, including, but not limited to, the sale, lease, rental, or financing of real property.

(Ord. No. NS-300.423, § 1, 12-8-87; Ord. No. NS-300.646, § 3, 1-23-01)

Sec. B13-64. Employment.

(a) Unlawful employment practices. It shall be an unlawful employment practice for any employer, employment agency or labor organization or any agent or employee thereof to do or attempt to do any of the following:

(1) Fail or refuse to hire, or to discharge any person, or otherwise to discriminate against any person with respect to compensation, terms, conditions or privileges of employment, including promotion, on the basis (in whole or in part) that such person has HIV or AIDS or is perceived to have HIV or AIDS.

(2) Limit, segregate or classify employees or applicants for employment in any manner which would deprive or tend to deprive any person of employment opportunities, or adversely affect his or her employment status on the basis (in whole or in part) that such person has HIV or AIDS or is perceived to have HIV or AIDS.

(3) Fail or refuse to refer for employment any person, or otherwise to discriminate against any person on the basis (in whole or in part) that such person has HIV or AIDS or is perceived to have HIV or AIDS.

(4) Fail or refuse to include in its membership or to otherwise discriminate against any person; or to limit, segregate or classify its membership; or to classify or fail or refuse to refer for employment any person in any way which could deprive or tend to deprive such person of employment opportunities, or otherwise adversely affect his or her status as an employee or as an applicant for employment on the basis (in whole or in part) that such person has HIV or AIDS or is perceived to have HIV or AIDS.

(5) Discriminate against any person in admission to, or employment in, any program established to provide apprenticeship or other training or retraining, including any on-the-job training program on the basis (in whole or in part) that such person has HIV or AIDS or is perceived to have HIV or AIDS.

(6) Print, publish, advertise or disseminate in any way, or cause to be printed, published, advertised or disseminated in any way, any notice or advertisement with respect to employment, membership in, or any classification or referral for employment or training by any organization, which indicates an unlawful discriminatory act or preference.

(b) Bona fide occupational qualification. Nothing contained in this section shall be deemed to prohibit selection, rejection or dismissal based upon a bona fide occupational qualification.

(c) Burden of proof. In any action brought under this section, if a party asserts that an otherwise unlawful discriminatory practice is justified as a bona fide occupational qualification, that party shall have the burden of proving: (1) that the discrimination is in fact a necessary result of a bona fide occupational qualification; and (2) that there exists no less discriminatory means of satisfying the occupational qualification.

(d) Exceptions:

(1) It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide employee benefit system, provided such systems or plans are not a subterfuge to evade the purposes of this chapter; and provided further that no such system shall provide an excuse for failure to hire any person.

(2) Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the State of California or any actions taken by or under the direction of the Health Department of the County of Santa Clara in order to protect the public health.

(Ord. No. NS-300.423, § 1, 12-8-87; Ord. No. NS-300.646, § 4, 1-23-01)

Sec. B13-65. Real property transactions.

(a) It shall be unlawful for any person to do any of the following acts as a result of the fact (in whole or in part), that a person has HIV or AIDS or is perceived to have HIV or AIDS:

(1) To interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property, including but not limited to the leasing of a rental unit; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;

(2) To include in the terms or conditions of a transaction in real property any clause, condition or restriction;

(3) To refuse to lend money, guarantee the loan of money, accept a deed of trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property;

(4) To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee;

(5) To make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction or proposed transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination.

(b) Exceptions. Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the State of California or any actions taken by or under the direction of the Health Department of the County of Santa Clara in order to protect the public health.

(Ord. No. NS-300.423, § 1, 12-8-87; Ord. No. NS-300.646, § 5, 1-23-01)

Sec. B13-66. Unlawful business practices.

(a) It shall be an unlawful business practice for any person to deny any individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any business establishment, including but not limited to medical, dental, paramedical, banking, financing, health care and convalescent services of any kind whatsoever, on the basis (in whole or in part) that such person has HIV or AIDS or is perceived to have HIV or AIDS.

(b) No person shall make, print, publish, advertise or disseminate in any way any notice, statement or advertisement with respect to any business establishment or public accommodation which indicates that a person is doing or will do anything this section prohibits.

(c) Exceptions:

(1) Nothing in this section shall apply to any blood bank, blood donation facility, sperm bank, sperm donation facility, organ donation facility, surrogate mother or surrogate mother facility, or to any like service facility or establishment engaged in the exchange of products containing elements of blood or sperm.

(2) Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the State of California or any actions taken by or under the direction of the Health Department of the County of Santa Clara in order to protect the public health.

(Ord. No. NS-300.423, § 1, 12-8-87; Ord. No. NS-300.646, § 6, 1-23-01)

Sec. B13-67. HIV or AIDS testing.

No person shall require another to take any test or undergo any medical procedure designed to show or help show that a person has or does not have HIV or AIDS, or the AIDS antibody.

(a) This section does not apply to an employer who can show that the absence of HIV or AIDS is a bona fide occupational qualification.

(b) Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the State of California or any actions taken by or under the direction of the Health Department of the County of Santa Clara in order to protect the public health.

(Ord. No. NS-300.423, § 1, 12-8-87; Ord. No. NS-300.646, § 7, 1-23-01)

Sec. B13-68. County facilities.

It shall be an unlawful practice for any person to deny any person the full and equal enjoyment of, or to impose different terms and conditions on the availability of any of the following except as necessitated in County medical facilities by accepted standards of medical practice:

(1) Use of any County facility or County service on the basis (in whole or in part) of the fact that such person has the medical condition HIV or AIDS or is perceived to have HIV or AIDS.

(2) Any service, program or facility wholly or partially funded or otherwise supported by the County of Santa Clara, on the basis (in whole or in part) of the fact that such person has the medical condition HIV or AIDS or is perceived to have HIV or AIDS. This subsection shall not apply to any facility, service or program which does not receive any assistance from the County of Santa Clara which is not provided to the public generally.

(Ord. No. NS-300.423, § 1, 12-8-87; Ord. No. NS-300.646, § 8, 1-23-01)

Sec. B13-69. Association and retaliation.

(a) Association. It shall be unlawful for any person to do any of the acts described in this chapter as a result of the fact that a person associates with anyone who has HIV or AIDS or is perceived to have HIV or AIDS.

(b) Retaliation. It shall be unlawful for any person to do any of the acts described in this chapter to retaliate against a person because a person:

(1) Has opposed any act or practice made unlawful by this chapter;

(2) Has supported this chapter and its enforcement;

(3) Has filed a complaint in any court or local, County, state or federal agency;

(4) Has testified, assisted or participated in any way in any investigation, proceeding or litigation under this chapter.

(Ord. No. NS-300.423, § 1, 12-8-87; Ord. No. NS-300.646, § 9, 1-23-01)

Sec. B13-70. Liability.

Any person who violates any of the provisions of this chapter or who aids in the violation of any provisions of this chapter is liable for each and every such offense for the actual damages thereof, in such amount as may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than $1,000.00, and such costs and attorney's fees as may be determined by the court. In addition, punitive damages may be awarded in a proper case.

(Ord. No. NS-300.423, § 1, 12-8-87)

Sec. B13-71. Enforcement.

(a) Civil section [action]: Any aggrieved person may enforce the provisions of this chapter in a civil action.

(b) Injunction: Any person who commits or proposes to commit an action in violation of this chapter may be enjoined therefrom by a court of competent jurisdiction.

(c) Non-exclusive remedy: Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law.

(Ord. No. NS-300.423, § 1, 12-8-87)

Sec. B13-72. Limitation of actions.

Judicial actions under this chapter must be filed within two years of the alleged discriminatory act.

(Ord. No. NS-300.423, § 1, 12-8-87)

Sec. B13-73. Nonwaiverability.

Any written or oral agreement which purports to waive any provision of this chapter is against public policy and void.

(Ord. No. NS-300.423, § 1, 12-8-87)

Sec. B13-74. Severability.

If any part or provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this chapter are severable.

(Ord. No. NS-300.423, § 1, 12-8-87)

Secs. B13-75--B13-78. Reserved.

CHAPTER V.
SMOKING POLLUTION CONTROL*

Editor's note--Ord. No. NS-625.4, § 1, adopted Jan. 4, 1994, repealed former Ch. V, §§ B13-80--B13-93, which pertained to similar subject matter. Section 2 of said Ord. No. NS-625.4 added a new Ch. V, §§ B13-80--B13-94. Inasmuch as there already existed § B13-94, said sections have been redesignated as §§ B13-79--B13-93, at the discretion of the editor.

Sec. B13-79. Findings and intent.

The Board of Supervisors of the County of Santa Clara does hereby find that studies have shown tobacco smoke is a major contributor to air pollution and is detrimental to nonsmokers' health, welfare and comfort, especially to elderly people, children, individuals with cardiovascular disease, impaired respiratory function, or allergies, and those who suffer ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of reactions to secondhand smoke.

The intent of this chapter is (1) to protect the public health and welfare by prohibiting or limiting smoking in public places as hereinafter set forth and (2) to strike a reasonable balance between the need of persons who smoke and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air should have priority.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-80. Compliance required.

(a) No person shall smoke where smoking is prohibited by this chapter.

(b) It shall be unlawful for any person who owns or controls a building or structure to permit, suffer, or allow smoking in violation of this chapter.

(c) Owners, operators, property managers and officers of homeowners' associations for residential properties will be deemed to not be in violation of the requirements of Subsection (b) by posting notices in accordance with the provisions of this chapter and by notifying violators that their actions are in violation of the law.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-81. Definitions.

The definitions set forth in this section shall govern the application and interpretation of this chapter.

(a) Bar means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

(b) Bingo game means a game conducted by operators licensed pursuant to the provisions of the Santa Clara County Ordinance Code.

(c) Employee means any person who is employed by any employer in consideration for direct or indirect monetary wages or profits, including but not limited to temporary, permanent, part-time, and full-time employees and independent contractors.

(d) Employer means any person, as defined in this section, who employs the services of one or more persons.

(e) Enclosed means closed in by a roof and four walls with appropriate openings for ingress and egress.

(f) Hotel means hotel, motel, motor inn, bed and breakfast, boarding house, and other similar establishments in which the operator has the status of an "innkeeper."

(g) Person means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, municipal corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

(h) Place of employment means any area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, offices, work areas, hallways, lobbies, employee lounges, conference rooms, employee cafeterias, locker rooms, dressing areas, or eating places. A private residence is not a place of employment for purposes of this chapter, unless it is used as a child care facility, health care facility, or community care facility.

(i) Smoke or smoking means and includes the combustion of any lighted pipe, or lighted cigar or lighted cigarette of any kind or the lighting of a pipe, cigar or a cigarette of any kind, or any similar article or any other combustible substance in any manner or in any form.

(j) Smoke free area means any location in which smoking is prohibited by this chapter.

(k) Sports arena means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, pool halls, and other similar places where members of the public assemble indoors to engage in physical exercise, participate in athletic competition, or witness sports events.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-82. General prohibition.

(a) Smoking shall be prohibited within any enclosed structure owned or leased by Santa Clara County, wherever located, and in all enclosed public places within the unincorporated areas of Santa Clara County as follows:

(3) Service lines.

(4) Laundromats.

(5) Retail stores and all areas in shopping malls inside and outside of retail stores, restaurants, bars, restrooms, and offices.

(6) Areas available to or open to and customarily used by the general public in all business and nonprofit entities, including but not limited to, offices (such as the offices of attorneys, doctors, accountants, other professionals, and service providers), banks, and churches.

(7) Restaurants.

(9) Motels, motels, motor inns, bed and breakfasts, boarding houses, and other establishments in which the operator has the status of an "innkeeper."

(10) Aquariums, amusement parks, galleries, libraries, arcades, or museums when open to the public.

(11) Facilities primarily used as theaters, auditoriums, or halls; or which are used for exhibiting motion pictures, stage dramas, musical performances, ballets, lectures, debates or other similar performances, except when smoking is part of any such performance.

(12) Waiting rooms, hallways, wards, and rooms and offices of health facilities, including but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices.

(13) Sports arenas, convention halls, bingo halls, banquet rooms, and meeting rooms.

(14) Retail food marketing establishments, including grocery stores, convenience stores, warehouse stores, and supermarkets.

(15) Rooms, chambers, places of meeting or public assembly, including, but not limited to school buildings under the control of any board, council, commission, committee including joint committees, or agencies of the County during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the County.

(16) Lobbies, hallways, and other common areas in apartment buildings, condominiums, senior citizen residences, nursing homes, and other multiple-unit residential facilities.

(17) Polling places.

(18) Private clubs.

(b) Except as otherwise provided in Section B13-84, smoking shall be prohibited in all enclosed places of employment within the unincorporated areas of Santa Clara County.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-83. Prohibition in vehicles and common carriers.

Smoking is prohibited in motor vehicles for hire (such as taxi cabs) or which are operated in the course of employment for the use of more than one person at a time during the time of employment. Smoking is prohibited in:

(a) All County buses and County light rail vehicles wherever located within the County; and

(b) Any other form of public transit located within the unincorporated areas of the County.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-84. Exceptions.

(a) Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter, unless smoking or the use of combustible materials is otherwise regulated by any other provision of law or regulation.

(1) Private residences, except when used as a child care facility, health care facility, or community care facility.

(2) Hotel rooms rented to guests, except meeting and banquet facilities.

(3) Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia. (Insignificant sales of nontobacco items shall not disqualify a retail store under this provision.)

(4) An enclosed place of employment that is not accessible to the public, which employs only the owner and no other employee, provided that the enclosed place of employment does not share a ventilation system with any other enclosed place of employment or public place.

(5) Any portion of a place of employment which is not enclosed.

(b) Notwithstanding any other provision of this chapter, any owner, operator, manager or other person who controls any property may prohibit smoking within the entire property or a portion of the property.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-85. Smoking policy in places of employment.

(a) Within 90 days of the effective date of this chapter, each employer having an enclosed place of employment located within the unincorporated areas of Santa Clara County shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed facilities within place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, locker rooms, dressing areas, and all other enclosed facilities.

(b) The smoking policy shall be communicated to all employees within three weeks of its adoption.

(c) All employers shall comply with these nonsmoking provisions and shall be responsible for implementation in their place(s) of employment.

(d) "No smoking" signs shall be conspicuously posted at building entrances and in employee lounges, restrooms, locker rooms, dressing areas, cafeterias, and lunchrooms.

(e) All employers shall supply a written copy of the smoking policy to all employees.

(f) Places of employment exempt from the prohibition on smoking in Section B13-84 of this chapter shall also be exempt from this section.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-86. Retaliation prohibited.

It shall be unlawful for any person to take any retaliatory action against any person who has asserted a right to a smoke-free environment pursuant to this chapter.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-87. Posting of signs.

(a) "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), shall be conspicuously posted in every building, where smoking is prohibited pursuant to this chapter, by the owner, operator, manager or other person having control of such room, building, or other place.

(b) Every enclosed restaurant and bar shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

(c) Owners, operators, property managers and officers of homeowners' associations for residential properties will be deemed to not be in violation of the requirements of this section, and of their obligation to enforce the prohibition in Section B13-82, if they have posted signs in accordance with the provisions of this section and have given written notice to violator(s) of this chapter that the violator(s)' actions are in violation of the law of the County.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-88. Enforcement.

(a) Enforcement of this chapter shall be implemented by the County Executive or his/her designees. The Fire Marshal or his/her designee or the Health Department shall have the right, in connection with any regular annual inspection of a business located in the unincorporated area of the County, to require that the owner, manager, operator or other person having control of such establishment certify that all applicable requirements of this chapter have been complied with.

(b) Any citizen may initiate enforcement of this chapter by notifying the County Executive or his/her designee of an alleged violation.

(c) Any owner, manager, operator or employee of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the requirements of the provisions being violated and the consequences of such violation.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-89. Violations.

(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to comply with its provisions.

(b) It shall be unlawful for any person to smoke in any area restricted by the provisions of this chapter.

(c) Infraction(s). Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by:

(1) A fine not exceeding $100.00 for a first violation.

(2) A fine not exceeding $200.00 for a second violation.

(3) A fine not exceeding $500.00 for each additional violation within one year.

(d) Misdemeanor(s). Any person, owner, operator, employer or manager of any establishment, subject to this chapter, who violates Section B13-86, or who violates any other provision of this chapter, in excess of three violations within one year, shall be deemed guilty of a misdemeanor. Upon conviction of a misdemeanor violation of this chapter, a person shall be subject to payment of a fine not to exceed $1,000.00, and shall be subject to incarceration in the County jail for a period not to exceed six months.

(e) Each day that a violation of Section B13-85 and B13-87 continues shall constitute a separate violation of this chapter.

(f) The County Executive or his/her designee is hereby authorized to institute and pursue, in the name of the County, pursuant to the provisions of Government Code § 25132, civil actions for the recovery of fines for violations of this chapter.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-90. Severability.

If any provision, clause, section, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application; and to this end the provisions of this section are declared to be severable.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-91. Public education.

The County Executive or his/her designee shall engage in a continuing program to inform and clarify the purposes of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance.

The County Executive or his/her designee shall leave responsibility of conducting a public education campaign, regarding the health consequences of smoking to other governmental and health agencies, including any County health agency, equipped with the needed expertise to conduct such campaigns.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-92. Governmental agency cooperation.

The County Executive or his/her designee shall annually request such governmental and educational agencies having offices within the unincorporated areas of the County to establish local operating procedures to cooperate and comply with this chapter. In federal, state and special school districts within the County, the County Executive shall urge enforcement of their existing no smoking prohibitions and request cooperation with this chapter.

(Ord. No. NS-625.4, § 2, 1-4-94)

Sec. B13-93. Other applicable laws.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire codes.

(Ord. No. NS-625.4, § 2, 1-4-94)

CHAPTER VI.
AGE DISCRIMINATION IN HOUSING*

Editor's note--Chapter VI formerly consisted of §§ B13-85--B13-90; but with the expansion of Ch. V to include § B13-93, the editor, in agreement with the County, has renumbered the substantive provisions of Ch. VI as §§ B13-94--B13-99.

Sec. B13-94. Definitions.

(a) Housing accommodation is a residential housing unit consisting of one or more rooms with facilities for living, sleeping, cooking, eating, and sanitation.

(b) Senior adults are all persons who have attained the age of 60 or more years.

(c) Minor child is a person who has not attained the age of 18 or more years.

(Ord. No. NS-631, § 1, 8-14-79)

Sec. B13-95. Prohibited activities.

It shall be unlawful for the owner, lessor, lessee, sublessee, real estate broker, assignee, or other person having the right of ownership, the right of possession, or the right to rent or lease any housing accommodations, or any agent or employee of such person to:

(a) Refuse to rent or lease, or otherwise deny to or withhold from any person such housing accommodations on the basis of age, parenthood, pregnancy, or presence of a minor child.

(b) Represent to any person on the basis of age, parenthood, pregnancy, or presence of a minor child that housing accommodations are not available for inspection or rental when such dwelling is in fact so available.

(c) Make, print, or publish, or cause to be made, printed or published any notice, statement or advertisement with respect to the rental of housing accommodations that indicates any preference, limitation, or discrimination based on age, parenthood, pregnancy, or presence of a minor child.

(d) Discriminate against any person in the terms, conditions or privileges of the rental of housing accommodations or in the provision of services or facilities in connection therewith, because of age, parenthood, pregnancy, or presence of a minor child.

(e) Refuse to rent after the making of a bona fide offer, or to refuse to negotiate for the rental of, or otherwise make unavailable or deny, housing accommodations to any person because of age, parenthood, pregnancy, or presence of a minor child.

(f) Include in any lease or rental agreement of housing accommodations a clause providing that as a condition of continued tenancy the tenants shall remain childless or shall not bear children, or otherwise maintain a household with a person or persons of a certain age.

(g) Evict or otherwise demand surrender of housing accommodations from any person because of age, parenthood, pregnancy, or presence of a minor child.

(h) Charge additional rent for persons living in a housing accommodation on the basis of age, parenthood, pregnancy, or presence of a minor child.

(Ord. No. NS-631, § 1, 8-14-79)

Sec. B13-96. Exemptions.

The following classifications of housing are exempt from this chapter:

(a) Housing accommodations where the owner has publicly established and implemented a policy of renting exclusively to senior adults. Deviance from or abandonment of such policy shall automatically terminate this exemption and subject the owner to all the provisions of this chapter.

(b) Any area or tract of land where two or more mobile home lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation.

(Ord. No. NS-631, § 1, 8-14-79)

Sec. B13-97. Requirements of financial obligation not prohibited.

This chapter shall not prohibit the person having the right to rent or lease the premises from requiring the same financial obligations of prospective tenants with regard to age, parenthood, pregnancy or presence of a minor child, as he or she may require of all other prospective tenants. No discrimination in the amount or manner of payment of said financial obligations shall be permitted.

(Ord. No. NS-631, § 1, 8-14-79)

Sec. B13-98. Penalties, remedies.

(a) Criminal. Any person who violates any provision of Section B13-86 of this Code shall be guilty of an infraction, and upon conviction thereof, shall be punished by a fine not exceeding $50.00 for a first violation; a fine not exceeding $100.00 for a second violation within one year, a fine not exceeding $250.00 for each additional violation within one year.

Any person believing that a violation of said section has been committed may file a complaint with the District Attorney.

(b) Civil. Any person who violates any provision of Section B13-86 of this Code shall be liable to the aggrieved person in an amount equal to the sum of any actual damage sustained by such person, and for punitive damages in an amount not greater than $5,000.00 as determined by a jury or the court sitting without a jury. Any person who brings an action pursuant to this section may petition the court for award of costs and reasonable attorney's fees, which the court shall award if the action is successful.

(Ord. No. NS-629, § 1, 4-3-79; Ord. No. NS-631, § 1, 8-14-79)

Sec. B13-99. Defense.

An affirmative defense to an alleged violation(s) of this chapter shall be established if the defendant(s) prove that housing accommodation was denied due solely to the superficial floor space requirements of the current Uniform Building Code.

(Ord. No. NS-631, § 1, 8-14-79)

Sec. B13-100. Reserved.

CHAPTER VII.
WATER CONSERVATION AND PROHIBITED USES*

Editor's note--The County has advised that Ord. No. NS-630, adopted Aug. 6, 1979, from which Ch. VII, §§ B13-101--B13-105, relating to discrimination based on sexual orientation, was derived, was suspended by the Board of Supervisors on Oct. 16, 1979. The Board ordered NS-630 to be submitted to the voters on June 3, 1980. At that election the ballot measure to enforce the ordinance did not receive sufficient votes; therefore, NS-630 is no longer in effect. Subsequently, § 2 of Ord. No. NS-19-10, passed as an urgency ordinance April 11, 1989, added a new Ch. VII, §§ B13-101--B13-104.

Sec. B13-101. Prohibited water uses.

The following uses of potable water are prohibited:

(a) Water waste, including but not limited to flooding or runoff on sidewalks, streets or gutters.

(b) Cleaning of sidewalks, driveways, patios, parking lots, or other paved or hard-surfaced area.

(c) Use of water through a hose for washing cars, buses, boats, trailers, or other vehicles without a positive automatic shutdown valve on the outlet end of the hose.

(d) For construction purposes, such as consolidation of backfill, unless no other source of water or other method can be used.

(e) Water waste due to broken or defective plumbing, sprinkler, watering or irrigation systems.

(f) Outside landscape irrigation or watering during the daylight hours of 8:00 a.m. to 6:00 p.m., except for the purpose of installation and establishment of drought-resistant landscaping consistent with the guidelines of the County Department of Planning and Development for a period not to exceed two weeks from the time of installation.

(g) Restaurant water service unless upon request.

(h) Single pass cooling water on new construction.

(i) New installations of plants, shrubs, trees, lawns or other growing things in new development for which a permit is required unless such installation meets the County's landscaping policies for drought tolerance.

(j) Watering of golf courses except for tees and greens and landscaping areas.

(Ord. No. NS-19.10, § 2, 4-11-89; Ord. No. NS-19.15, § 1, 4-9-91; Ord. No. NS-19.17, § 1, 5-12-92)

Sec. B13-102. Enforcement.

Pursuant to California Penal Code § 836.5, the following officials are hereby authorized to enforce the provisions of this chapter and to issue citations for violations thereof:

(a) The Zoning Investigators;

(b) The Building Official or his designees;

(c) The County Surveyor or his deputies; and

(d) The Health Officer or his duly authorized agents.

There shall be no civil liability on the part of, and no cause of action shall arise against, any investigator acting pursuant to this section and within the scope of his authority.

(Ord. No. NS-19.10, § 2, 4-11-89)

Sec. B13-103. Penalties.

Any person, firm or corporation, whether as principal, agent, employee, contractor or otherwise, violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County jail for a period not exceeding six months, or both fine and imprisonment. Each such person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or permitted by such person.

(Ord. No. NS-19.10, § 2, 4-11-89)

Sec. B13-104. Termination date.

This chapter shall terminate in all its parts and requirements and shall be of no force or effect as of April 1, 1993, unless extended by the Board of Supervisors by amendment to this chapter.

(Ord. No. 19.10, § 2, 4-11-89; Ord. No. NS-19.13, § 1, 3-27-90; Ord. No. NS-19.15, § 2, 4-9-91; Ord. No. NS-19.17, § 2, 5-12-92)

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