Our office is located at 976 Lenzen Avenue, Suite 1300, San Jose, CA 95126, in between The Alameda and Stockton Street. Parking is available in the West parking lot. We are open to the public Monday—Friday 9am—4 pm, with the exception of County-observed Holidays.
Yes. We do have Spanish speaking staff available in our office.
It takes an average of 2 weeks from the date of death for the certificate to be registered. Please note that funeral homes will order death certificates for you, or you may purchase from the Santa Clara County Office of the Clerk-Recorder
No. The State of California nor Santa Clara County Vital Records and Registration provide an expedited service to shorten the time it takes to either register or make changes to a birth or death certificate.
Your funeral director can check that for you. If you are acting as your own funeral director, up to 90 days after registration, you can come in person to our office, show identification, pay a search fee of $21 and provide the necessary information by completing an application for a certified copy of a death record. Note: The search fee is required by California Statute (H&S 103625, GC27369). If the record is available the search fee will be applied towards one certificate.
After 90 days, you must purchase through the Santa Clara County Office of the Clerk-Recorder.
An Affidavit to Amend a Record is used to correct errors and to change information on the certificate. It may be used to correct spelling errors, add information to blank items, and correct line items 1A-11 only.
On occasion, and unintentionally, hospitals will incorrectly type date of birth or other information on an individual’s birth certificate (e.g. "female" for male, or "male" for female, etc.). Gender and health information can be corrected through the hospital.
Changing information on the birth certificate (i.e. name changes, changing mother’s name, translating names into another language, or removing an informant or certifier) requires a court order. Court orders can be obtained through Superior Court or call 408-882-2100 for more information. Once a court order is obtained, you must complete an Application for Amendment of Birth Record to Reflect Court Order Change of Name.
To add additional names or to drop a name, a court order is required (see question #13 above).
Once a court order has been established, an Affidavit to Amend a Record is used to add names on the certificate, where they were blank before.
Most amended documents become a 2-page record. A 1-page certificate is only provided if the original has been "sealed and replaced" -- a process reserved for specific changes, like establishing paternity or adoption.
If the mother was not married to the father of the baby and the father was not available to sign a Declaration of Paternity at the time of birth, the certificate will be listed without the father’s name. See question #17 below for information on how to add the father’s name after the birth certificate has been recorded.
If the mother was married to the father of the baby at the time of birth, it may have been a hospital error. This can be corrected by completing an Application to Amend a Birth Record – Acknowledgement of Paternity and sending it along with a copy of your marriage certificate to the State Office of Vital Records.
Yes, but only if you were/are not married to the father of the baby. His name is added to the certificate by completing a Declaration of Paternity in front of a qualified witness (from a local child support agency, family law facilitator, or notary public). To make an appointment, call Melissa Aria at (408) 503-5311.
A second form, the Acknowledgement of Paternity also should be completed. The original Acknowledgement of Paternity and a copy of the Declaration of Paternity, along with the appropriate fees should be mailed to the State Office of Vital Records. The original Declaration of Paternity should be mailed to the State Department of Child Support Services. See Acknowledgement of Paternity & Declaration of Paternity (add the father's name) for more information.
It is best to apply through the Santa Clara County Office of the Clerk-Recorder or Post Office near you that accepts passport applications. Passport agencies tend to have extremely long lines during the busiest months which result in longer waiting times for people applying in person at a passport agency. Since there are many more Clerks of Court and Post Offices conveniently located throughout the United States, these offices tend to have much shorter lines. See our list of local offices, or check the USPS website.
If you have not received the social security number/card of your child 2 months after the baby’s birth, call 1-800-772-1213.
It is currently taking the State an average of 2-3 months to process corrections on certificates.
In 1996, California voters passed Proposition 215, also known as the Compassionate Use Act of 1996. Proposition 215 was passed to give seriously ill Californians the right to possess and use marijuana (also known as cannabis) for medical purposes, when they have a recommendation from a physician. Proposition 215 gives the patient’s primary caregiver the right to cultivate and possess medical cannabis for the patient. Proposition 215 defines a “primary caregiver” as “the individual who has consistently assumed responsibility for the housing, health, or safety of the medical cannabis user.”
The Medical Marijuana Identification Card Program is a program of the State of California that was established following the passage of SB 420 that requires counties to administer a voluntary card registration program that identifies medical marijuana patients.
A serious medical condition, as defined by SB 420, is any of the following: AIDS; anorexia; arthritis; cachexia (wasting syndrome); cancer; chronic pain; glaucoma; migraine; persistent muscle spasms (i.e., spasms associated with multiple sclerosis); seizures (i.e., epileptic seizures); severe nausea; any other chronic or persistent medical symptom that either substantially limits a person’s ability to conduct one or more of major life activities as defined in the Americans with Disabilities Act of 1990, or if not alleviated, may cause serious harm to the person’s safety, physical, or mental health.
Any person in possession of a valid MMIC shall NOT be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana in the amount allowed by SB 420 (unless there is reasonable cause to believe that the MMIC is false or falsified, the card was obtained by fraud, or the person is otherwise in violation of SB 420).
Once you submit your completed and signed application form with the required documents (proof of residency, medical documentation, etc.) the Public Health Department has 30 days to approve or deny your application. Once the application is approved, the county program has five days to make the MMIC available to you. It can take 35 days to receive your MMIC if the application is complete. If any information or documents are missing, this may delay processing your application. If this is the case, the Public Health department will contact you within 30 days from the day you submit your application.
Your application will be kept confidential and secure. The only release of your application will be with your written permission. This includes appeals of denied applications to the state MMP. (The Appeals Form contains a declaration and signature block regarding this release.)
For information on possession limits please refer to Prop 215 and SB 420.
Patients that exceed the limit risk being arrested and having to defend themselves in court. Despite the protections of Prop 215 and SB 420, patients may still be arrested if law enforcement suspects that they are outside the law; for example, by being involved in illegal sales or distribution or growing plants with excessive yields. Please contact the District Attorney’s office or your local law enforcement agency for current information.
The MMICP is not authorized to provide information on acquiring Medical Marijuana or related products.
No, any California resident that is a qualified patient can apply for an MMIC; however, you must apply for your MMIC in the county where you reside. Proof of residency is required.
Yes. The attending physician must have a license in good standing issued by the Medical Board of California or the Osteopathic Medical Board of California, but there are no residency requirements for the physician.
No. To be a prescription it must be federally approved. As marijuana is not recognized as legal by the federal government, federal law criminalizes the use of medical marijuana.
Yes, the current fee is $150 for each MMIC issued. Proof of eligibility and participation in the Medi-Cal program, presented at the time of application, qualifies a Medi-Cal beneficiary to receive a 50% reduction in fees. If the applicant qualifies for this fee reduction and is designating a primary caregiver, the fee for the primary caregiver’s MMIC will also be reduced by 50%. Application fees are non-refundable.
Yes, appointments are necessary – walk-in clients cannot be accommodated.
- A completed original MMIC application (not a photocopy) Application Renewal Form CDPH 9042 (5/08).
- Government issued photo identification (i.e. California State Driver’s License, a California State ID Card, a United States Passport, a Veteran’s Administration ID Card).
- Proof that you live in Santa Clara County, for example, the current photo IDs listed above, or a recent utility bill, or a recent rental or mortgage payment receipt.
- Written documentation completed by your physician that states that you have been diagnosed with a serious medical condition and that the medical use of marijuana is appropriate or Form CDPH 9044 (1/09)-Written Documentation of patient’s Medical Records. (Your physician will be contacted to confirm that the medical documentation submitted by the applicant is a true and correct copy of your medical records in the physician’s office. It is the applicant’s responsibility to ensure that an Authorized Release of Medical Information is on file with their medical provider).
- Non-refundable payment in the amount of $150 ($75 if you have proof of Medi-Cal benefits). (Only cash and money orders will be accepted).
- Your photo will be taken at the time of application
The primary caregiver, if any, will need to provide:
- Complete the appropriate section of the Application Renewal Form-CDPH 9042 (5/08).
- Government issued photo identification (i.e. California State Driver’s License, a California State ID Card, a United States Passport, a Veteran’s Administration ID Card).
- Proof of residency in the state of California
- A written statement documenting how the primary caregiver consistently assumes responsibility for the housing, health or safety of the patient
- An additional non-refundable payment in the amount of $150 ($75 if the patient has proof of Medi-Cal benefits).
- Your photo will be taken at the time of application
If an applicant applies for an MMIC for a primary caregiver, both the primary caregiver and the qualified patient must be present at the time of submission of the primary caregiver’s application.
Yes. But only if your primary caregiver is the owner or operator of a facility providing medical care and/or supportive services to a qualified patient, he/she can designate no more than three employees as caregivers.
Yes. However, if an individual has been designated as the primary caregiver by two or more qualified patients, the primary caregiver and all the qualified patients must reside in the same city or county.
Yes. The primary caregiver must prove California residency and is further restricted to being the primary caregiver for only that patient.
Yes, but that will restrict you to being the primary caregiver for only that patient.
Yes, this is a statewide identification program.
No. In accordance with State regulation, the Santa Clara County Public Health Department can only issue cards to residents of Santa Clara County.
No. Possession and distribution of marijuana is a Federal offense and individuals in California in possession of marijuana for medical purposes have been prosecuted. In addition, individuals in possession of marijuana in quantities determined by local law enforcement officials to be greater than for personal medical use have been arrested and prosecuted.
When the MMIC unique identification number is entered through the MMIC website, a “Valid Card” or “Invalid Card” response is generated. No other information is accessible.
Yes, a minor can apply as a patient or caregiver. If a minor is applying as a qualified patient, they must be lawfully emancipated or of declared self-sufficiency status. If neither, the minor’s parent, legal guardian, or person with legal authority to make medical decisions for the minor applicant must complete Section 2 of the Medical Marijuana Program application.
- If a minor is applying as a primary caregiver, they must meet additional requirements including: being consistently responsible for the housing, health, or safety of a qualified patient, or
- being the parent of a minor child who is a qualified patient.
- Photo of the cardholder
- Designation of “Patient” or “Primary Caregiver”
- A unique user identification number issued by CDPH
- Expiration date
- Name and telephone number of the Santa Clara County Public Health Department that approved the application
- A Web-based Internet URL that will enable state and local law enforcement officers, public and others to have immediate access to verify the validity of the card.
Qualified patient and primary caregiver cards are valid for one year from date of issue. If the primary caregiver card is applied for at a later date than the patient's MMIC, the primary caregiver MMIC will have the same expiration date as the patient's MMIC.
No. Enrollment in the MMICP is voluntary. Santa Clara County Public Health offers this program as a service to people who wish to have the convenience of a credit card sized photo ID card that indicates they qualify as a medical marijuana user or primary caregiver under Proposition 215.
To get a new card, you must reapply following the same procedures listed above.
Show him or her your card as proof that you qualify for use of medicinal marijuana under Proposition 215.
Applications can be obtained on-line or at:
Public Health Administration
976 Lenzen Avenue (Second Floor)
San Jose, CA 95126
No. The ordinance only applies to “multi-unit residences,” as that term is defined in the ordinance. These are common interest complexes (e.g., townhouse and condominium complexes) and rental complexes (i.e., properties for which 50 percent or more of the units are rented by or on behalf of the same landlord) that (a) are located within the unincorporated area of the County and (b) contain two or more units. However, the ordinance specifically excludes the following types of housing from the definition of a multi-unit residence:
- similar establishments in which the operator has the status of an “innkeeper”,
- mobile home parks,
- marinas or parts,
- detached, single family homes, and
- detached, single family homes with detached or attached in-law or second units permitted by law.
A unit is defined as a personal dwelling space, even that dwelling space lacks cooking facilities or private plumbing facilities, and it includes any associated, enclosed areas used exclusively by the resident, such as a private balcony, porch, deck, or patio.
A unit includes, for example:
- an apartment,
- a condominium,
- a townhouse,
- a room in a long-term health care facility, assisted living facility, or hospital,
- a room in a single room occupancy facility,
- a room in a homeless shelter, and
- a camper vehicle or tent.
When the ordinance goes into effect on December 9, 2010, smoking at multi‐unit residences will only be permitted in (a) designated smoking areas (described below) and (b) existing units. Existing units are units that have been or will be issued a certificate of occupancy on or before June 7, 2011. Beginning February 9, 2012, however, smoking at multi‐unit residences will not be allowed in any units, and smoking will only be permitted in designated smoking areas.
Under the ordinance, designated smoking areas at multi‐unit residences must meet the following requirements:
- be located in an unenclosed area,
- be located at least 30 feet in any direction from any operable doorway, window, opening, or other vent into an enclosed area that is located at the multi‐unit residence and that is a nonsmoking area,
- have a clearly marked perimeter, and
- be identified by conspicuous signs.
When the ordinance goes into effect on December 9, 2010, smoking at multi-unit residences will be prohibited in all common areas (except for designated smoking areas) and new units. Beginning February 9, 2012, however, smoking at multi-unit residences will be prohibited in all common areas, new units, and existing units.
Common areas include any enclosed area or unenclosed area of a multi-unit residence that residents of more than one unit of the multi-unit residence are entitled to enter or use. These include, for example:
- hallways and paths,
- lobbies and courtyards,
- elevators and stairs,
- community rooms and playgrounds,
- gym facilities and swimming pool areas,
- parking garages and parking lots,
- shared restrooms,
- shared laundry rooms,
- shared cooking areas, and
- shared eating areas.
New units include (a) units that have been or will be issued a certificate of occupancy after June 7, 2011 and (b) units that are rented for residential use for the first time after June 7, 2011.
General Requirements. No person with legal control over any nonsmoking area shall permit smoking in a nonsmoking area, and no person shall intimidate, harass, or otherwise retaliate against any person who seeks to ensure compliance with the ordinance. Causing, permitting, aiding, or abetting a violation of the ordinance shall also constitute a violation of the ordinance.
Prohibition on Receptacles for Smoking Waste in Common Areas. No person with legal control over a common area in which smoking is prohibited by law shall knowingly permit the presence of ash trays, ash cans, or other receptacles designed for or primarily used for disposal of smoking waste within that common area.
Required Signage. “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) must be clearly, sufficiently, and conspicuously posted and maintained at every enclosed building and unenclosed area where smoking is prohibited by law. To obtain signs, please contact the County of Santa Clara’s Public Health Department at (408) 793-2700 or email Francis.Capili@phd.sccgov.org.
Required Lease Terms. Every lease or other rental agreement for the occupancy of a new unit or existing unit in a multi-unit residence entered into, renewed or continued month-to-month after December 9, 2010 must include the following:
- A clause providing that it is a material breach of the agreement for the tenant, or any other person subject to the control of the tenant or present by invitation or permission of the tenant, to
- smoke in any common Area of the property other than a designated smoking area,
- smoke in a new unit,
- smoke in an existing unit fourteen months or more after the effective date of this ordinance, or
- violate any law regulating smoking anywhere on the property.
- A clear description of all areas on the property where smoking is allowed or prohibited.
- A clause expressly conveying third-party beneficiary status to all tenants of the multi-unit residence as to the smoking provisions of the agreement. Such clause shall provide that any tenant of the multi-unit residence may sue another tenant to enforce the smoking provisions of the agreement but that no tenant shall have the right to evict another tenant for a breach of the smoking provisions of the agreement.
The ordinance goes into effect on December 9, 2010. However, smoking in existing units at multi-unit residences will not be prohibited until February 9, 2012.
Leases and other rental agreements for the occupancy of a unit in a multi‐unit residence that are entered into, renewed, or continued month-to-month after December 9, 2010 may be terminated, at the rental property owner’s option, if a tenant violates the smoking provisions of that lease or other rental agreement.
Residents, as third-party beneficiaries, may also seek a court order to enforce the smoking provisions of any lease or other rental agreement for the occupancy of a unit in a multi-unit residence that is entered into, renewed, or continued month-to-month after December 9, 2010.
Rental property owners, managers, and residents may contact the Sheriff’s Office ((408)808-4900) to report an individual who is smoking in violation of the ordinance. Violators may be subject to fines and/or prosecution.
The County may bring a civil action to enforce this ordinance, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
Yes. The ordinance does not prevent rental property owners from establishing more string non-smoking requirements.
The ordinance does not apply to detached, single family homes or detached, single family homes with a detached or attached in-law or second unit permitted by law.
Under the ordinance, designated smoking areas at multi-unit residences must meet the following requirements:
- be located in an unenclosed area,
- be located at least 30 feet in any direction from any operable doorway, window, opening, or other vent into an enclosed area that is located at the multi-unit residence and that is a nonsmoking area,
- have a clearly marked perimeter, and
- be identified by conspicuous signs.
To obtain signs, please contact the County of Santa Clara’s Public Health Department at (408) 793-2700 or email Francis.Capili@phd.sccgov.org.
“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) must be clearly, sufficiently, and conspicuously posted and maintained at every enclosed building and unenclosed area where smoking is prohibited by law. These signs do not need to be posted at every individual unit but must be posted in a manner that provides sufficient and conspicuous notice to all residents, visitors, and other individuals at the multi-unit residence.
The prohibition on smoking in common areas does not apply to a person who is smoking in an unenclosed area while actively traveling on the way to another destination.
Residents may receive additional assistance by calling the Santa Clara County Public Health Department at (408) 793-2700 or the Secondhand Smoke Helpline at (408) 999-0500.
For additional information on the ordinance and resources on implementing a non-smoking multi-unit residential community, please contact the County of Santa Clara’s Public Health Department at (408)793.2700 or Francis.Capili@phd.sccgov.org.
Santa Clara County Public Health Department
Center for Chronic Disease and Injury Prevention
Tobacco Prevention Programs
1400 Parkmoor Avenue, Suite 120B, San Jose, CA 95126
Phone: (408) 793-2700, Fax: (408) 793-2731
The amount of radiation identified in the tests was ten thousand times below amounts that would pose human health concerns.
California’s drinking water is not affected by the nuclear emergency in Japan. Tests have found no levels of radiation in the environment that pose public health concerns.
Food grown in California and the United States has not been affected from Japan’s nuclear emergency and we do not anticipate an impact since the levels of radiation detected in air are extremely low. Food from Japan makes up less than four percent of food imports. Incoming cargo shipments are routinely monitored for radiation by U. S Customs and Border Protection. See the U.S. Food and Drug Administration website for more information.
Passengers from Japan are being screened for radiation upon arrival in the U.S. The Centers for Disease Control and Prevention reports that it is not aware of any travelers returning from Japan who have been contaminated with material at a level of concern.
At present, all data from state and federal sources show that harmful radiation won’t reach California. California Department of Public Health (CDPH)
is monitoring the situation, working closely with our federal, state and local partners.
No harmful radiation. Distance, time, and weather are in our favor. Japan is 5,000 miles from California. Radiation levels lessen with distance and we don’t expect much above the amounts we see everyday. Precipitation removes radiation from the atmosphere.
The typical North American exposure from natural background radiation is 2.0 millirem per day. A chest x-ray would expose an individual to 10 millirems. Radiation from Japan is expected to be thousands of times less than daily background radiation from natural and man-made sources—like the sun, air, soil, medical imaging, and life-saving therapies.
A millirem is a dose of ionizing radiation. The average American is exposed to approximately 620 millirems of radiation each year from natural and medical sources.
Given the thousands of miles between the two countries, Hawaii, Alaska, the U.S. Territories and the U.S., the West Coast is not expected to experience any harmful levels of radioactivity. In response to nuclear emergencies, California Department of Public Health (CDPH) works with state and federal agencies to monitor radioactive releases and predict their paths.
CDPH Radiologic Health Branch maintains eight air monitoring stations throughout California. They are located in Eureka (2 units), Richmond, Livermore, Avila Beach, San Luis Obispo, Los Angeles and San Diego. CDPH has increased surveillance from once a week to every 48 hours. The United States Environmental Protection Agency operates a network of air monitors in California and has recently enhanced its capability in response to the Japan nuclear crisis (U.S. Environmental Protection Agency has real time monitoring capability).
California Department of Public Health (CDPH) has a plan for response to radiological emergencies, called the Nuclear Emergency Response Plan. This plan is exercised regularly with local and federal partners in the communities around our nuclear power plants.
California does stockpile emergency supplies, including potassium iodide (KI) tablets. Potassium iodide tablets are not recommended at this time, and can cause significant side effects in people with allergies to iodine, shellfish or who have thyroid problems. Potassium iodide tablets should not be taken unless directed by authorities.
Potassium iodide (KI) tablets may be recommended to individuals who are at risk for radiation exposure or have been exposed to excessive radiation to block the body’s absorption of radioactive iodine. Using KI when inappropriate could have rare but serious side effects such as abnormal heart rhythms, nausea, vomiting, electrolyte abnormalities and bleeding.
No. Potassium iodide (KI) tablets are not recommended at this time, and can present a danger to people with allergies to iodine, shellfish or who have thyroid problems.
No. KI is only appropriate within close proximity to a nuclear event. Using KI when inappropriate could have potential serious side effects such as abnormal heart rhythms, nausea, vomiting, electrolyte abnormalities and bleeding.
The best thing anyone can do is to stay informed. California Department of Public Health (CDPH) and other state and federal partners are monitoring the situation. If circumstances change, officials will alert the public to appropriate precautionary procedures. But, again, at this time, the Nuclear Regulatory Commission reports Japan’s nuclear emergency presents no danger to California.
While California is not at risk of significant radiation from Japan, we are at risk of major earthquakes. People who live in earthquake prone regions should stock emergency supplies of food, water, and other emergency supplies to be self-sufficient for at least 3-5 days.
Each year a new flu vaccine is created to protect against the top 3 strains or types of flu that are expected to be circulating for that season. There are many strains of flu and flu viruses are constantly changing. Since the strains change each year a person needs to get a flu vaccine each year to be fully protected against the strains that are expected to be going around for that particular year.
Anyone 6 months of age or older should get a flu vaccine. The flu shot is available to anyone 6 months of age and older, while those over 2 years and under 49 years of age may be able to get the flu mist. Check with your health care provider about which type of flu vaccine is right for you.
No, there will only be one flu vaccine this year, the seasonal flu vaccine.
Yes, the 2009 H1N1 flu strain is expected to circulate and will be included in the seasonal vaccine this year. Also, the vaccine will protect against an influenza A virus (H3N2) and an influenza B virus.
Yes, the seasonal flu vaccine this year will include the 2009 H1N1 flu strain and also two other strains that are likely to circulate. Therefore, in order to be fully protected against flu this season you will need to have a vaccine to protect against all 3 strains.
In general, after you recover from flu you are protected against that one strain of flu but since there are many other strains, it is possible to get flu again. Therefore, it is important to a flu vaccine which will protect against all 3 strains that are likely to be circulating.
No, it is common for the same or a similar strain to be offered in the flu vaccine the following year. A person will not have an “overdose” of 2009 H1N1 flu vaccine if they get the seasonal flu vaccine this year and had a 2009 H1N1 flu vaccine or was sick with 2009 H1N1 flu last year.
No, the flu vaccine cannot give you the flu. It does, however, take two weeks for the vaccine to provide full protection against the flu, so it is very important to use other prevention methods such as washing your hands and staying away from those who are sick even after you have had a flu vaccine. Also, since cold and flu season are at the same time, it is sometimes easy for people to think they have the flu when really they have another illness such as a cold.
Amendments to the County of Santa Clara’s Smoking Pollution Control Ordinance, passed in November of 2010, prohibits smoking:
- In, or within 30 feet of, outdoor services areas. Outdoor service areas include places like ATM and movie lines, bus stops, and outdoor dining areas.
- At unenclosed areas located within 30 feet of a doorway, window, opening or other vent into an enclosed area where smoking is prohibited.
- In 100% of rooms rented to guests & all outdoor areas at hotels, motels, & similar establishments, regardless of whether they are more than 30 feet away from an enclosed area where smoking is prohibited.
- At outdoor shopping malls.
- Within retail stores dealing exclusively in sales of tobacco & smoking paraphernalia.
- At all parks and trails owned, maintained or leased by or from the County, wherever located. Existing commercial leases shall be grandfathered in.
- At the Santa Clara County Fairgrounds.
- Within private residences that are used as child care, health care, or community care facilities, at all times, even when the residence isn’t being used as a child care, health care, or community care facility.
Amendments also require employers in the unincorporated parts of Santa Clara County to adopt a nonsmoking policy that conforms to the requirements of the ordinance and to communicate the policy to employees within one week of adoption.
The ordinance impacts businesses located in, residents living and working in, and individuals visiting the unincorporated parts of Santa Clara County and certain County properties.
Santa Clara County is made up of both unincorporated and incorporated land. The unincorporated areas are governed by the Santa Clara County Board of Supervisors, whereas, incorporated areas such as the City of San Jose, Campbell, Cupertino, et al are governed by their individual mayors and city councils.
If you believe you are affected by the Smoking Pollution Control Ordinance, you should review the ordinance. You can view the ordinance, located at chapter V of division B13 of title B of the Santa Clara County Ordinance Code, at: http://library.municode.com/index.aspx?clientId=13790&stateId=5&stateName=California
After looking over the ordinance you will want to determine any necessary adjustments and changes needed to comply with the ordinance. The ordinance does require that “no smoking” signs or the international “no smoking” symbol be posted clearly, sufficiently, and conspicuously at every enclosed and unenclosed area where smoking is prohibited. . Additionally, the Public Health Department will be creating signage, combining the “no smoking” symbol with language for different provisions of the ordinance. This signage will be made available to businesses and affected sites.
If you witness an individual smoking in an area where smoking is prohibited by the ordinance, simply ask them to stop and bring attention to the newly adopted amendments to the Smoking Pollution Control Ordinance. You are also encouraged to report any violations to the Public Health Department through our violations reporting call line at 408/885‐4466. Public health staff will follow up with property owners and/or businesses to encourage 100% compliance and to ensure appropriate signage is visible in prohibited smoking areas.
The Smoking Pollution Control Ordinance is largely self‐enforcing. Through education efforts to residents and businesses and the posting of “no smoking” signs in the prohibited areas, smokers will become aware of the places where they can and cannot smoke. Likewise, nonsmokers will be informed about where smoking is not allowed and will have the support of “no smoking” signs to be able to ask someone to stop smoking. Along with these efforts it is necessary to have enforcement provisions, such as fines, placed in the ordinance. Part of what makes these laws self‐enforcing is that they are enforceable if needed. They are real laws with penalties and consequences for violation.