6.04.010   APPLICATION OF CHAPTER.

This chapter shall apply to all persons and business concerns where there are employed cooks, waitresses, waiters, bartenders, kitchen workers, butchers, clerks and any other persons handling food or drinks to be served to the public which are not in sealed containers. (Ord. 317 §1, passed -- 1956)

6.04.020   PERMIT REQUIRED.

Each person as described in § 6.04.010 shall secure from the Mendocino County Health Department a permit to carry on such occupation. (Ord. 317 §2, passed -- 1956; Am. Ord. 318 §1 (part), passed -- 1956)

6.04.060   VIOLATING CHAPTER - EMPLOYER ALLOWING VIOLATION TO EXIST.

It is a misdemeanor for any such person to work as outlined in this chapter in violation of this chapter, and it is further a misdemeanor for any employer to permit any person to work in any of the establishments described in this chapter in violation of this chapter. (Ord. 317 §6, passed -- 1956)

6.04.070   VIOLATION - PENALTY.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable as provided in Chapter 1.12. (Ord. 317 §7, passed -- 1956)

6.08.010   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

     ASHES.  The residue from the burning of wood or other combustible materials.

     CURBSIDE RECYCLING.  Collection and removal of all recyclable materials which are placed in approved recycling containers and placed for collection at the curbside on public streets, or at such other residential sites where refuse is normally collected from residents of the City.

    GARBAGE.  Putrescible animal and vegetable wastes resulting from the handling, preparation or consumption of food.

    RECYCLABLE MATERIALS.  Newspaper. glass, metal cans (aluminum and tin), PET and other plastics.

    REFUSE.  All solid wastes, putrescible and nonputrescible (except human body waste) including garbage, rubbish, ashes, street cleaning, dead animals, market and industrial wastes.

    RUBBISH.  Nonputrescible solid wastes (except ashes), both combustible and non-combustible, including paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, building demolition byproducts and similar matter.

    YARD WASTES.  Leaves, lawn clippings, weeds, shrubs, brush, and tree trimmings smaller than four inches in diameter.

(Ord. 435 §1, passed -- 1973; Am. Ord. 724 §2, passed -- 1991; Am. Ord. 796 §1, passed -- 1997)

6.08.020   COLLECTION UNDER CITY CONTRACT ONLY.

No person shall engage in the business of curbside recycling or refuse collection in the City except under contract with the City. The City may contract with one or more persons for the collection of recyclable materials or the collection of refuse, and may contract to provide for exclusive or nonexclusive collection by the contractor, either throughout the City or in specific areas of the City, and may by contract regulate all aspects of refuse collection including but not limited to collection practices, routes, equipment, place and manner of disposal, bonds, rates charged and payments to the City. Nothing in this chapter shall prohibit the City from engaging in refuse collection. (Ord. 435 §2, passed -- 1973; Am. Ord. 724 §3, passed -- 1991)

6.08.030   EXCEPTION TO CONTRACT REQUIREMENT.

The requirement of contractual authorization shall not apply to a person who hauls recyclable materials or refuse originating solely from his or her own residential or business activities, nor to a person who does not engage in periodic or scheduled recyclable materials or refuse collection in the City and who, in a nonrecurring transaction, either contracts to remove for a price or purchases specific recyclable materials or existing refuse. (Ord. 435 §3, passed -- 1973; Am. Ord. 724 §4, passed -- 1991)

6.08.040   PRECOLLECTION PRACTICES - PREPARATION

1. Garbage. All garbage before being placed in containers for collection shall have drained from it all free liquids.
2. Rubbish. All rubbish shall be drained of liquid before being deposited for collection.
3. Tree trimmings. Tree trimmings, hedge clippings and similar material not placed within a refuse container shall be cut to a length not to exceed four feet and securely tied in bundles not more than two feet thick before being deposited for collection.

(Ord. 435 §4(A), passed -- 1973)

6.08.050   PRECOLLECTION PRACTICES - CONTAINERS.

1. Refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises. Refuse containers shall be maintained in good condition. No container filled for collection shall weigh over eighty pounds. Any container that does not conform to the provisions of Sections 6.08.040 through 6.08.080 or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice.
2. Refuse containers used for garbage shall be made of metal, plastic, or similarly rigid, nonabsorbent material, equipped with suitable handles and tight-fitting covers, and shall be watertight and shall be kept in a clean, neat and sanitary condition at all times.
3. Rubbish containers shall be of a kind suitable for collection purposes, and shall be of such size, weight and design that they can be handled by one man. The container shall not weigh over eighty pounds when filled for collection.
4. In the Central Business District zoning district, all combustible rubbish, oily rags and/or waste material, when kept within a building or adjacent to a building, shall be stored only as follows:
   1. In metal or metal-lined receptacles equipped with tight fitting metal covers;
   2. In rooms or vaults constructed of noncombustible materials; 
   3. In rooms or vaults protected by an approved automatic sprinkler system; or
   4. The storage not to exceed 6 feet in height when within 10 feet of any property line or public right-of-way.
5. In the Central Business Cistrict zoning district, all commercial garbage dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall be stored or placed only as follows:
   1. Storage or placement shall be a minimum of 5 feet from any combustible wall, opening or combustible eaves line; or
   2. In rooms or vaults protected by an approved automatic sprinkler system.

(Ord. 435 §4(B), passed -- 1973; Am. Ord. 657 (part), passed -- 1985)

6.08.060   PRECOLLECTION PRACTICES - STORAGE.

1. No person shall place any refuse in any street, alley or other public place, or upon any private property whether owned by such person or not, within the City except in proper containers for collection. Ashes and all powdered or lightweight material of a type likely to be blown about shall be covered sufficiently to prevent it from scattering. Garbage and all odorous material shall be tightly covered.
2. Any accumulation of refuse on any premises except in the manner provided for in this chapter and for a period longer than necessary to permit collection by a person authorized by City contract, or the City, to collect such rubbish, is a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within thirty days after the effective date of the ordinance codified in this chapter is a violation of §§ 6.08.040 through 6.08.080.
3. No person shall cast, place, sweep or deposit anywhere within the City any refuse in such a manner that it will probably be carried or deposited by the elements upon any street, or other public place, or into any adjacent premises.
4. The following regulations shall apply to the storage of empty packing cases, boxes, barrels, rubber (including tires), cork and similar combustible material:
   1. The maximum amount of storage allowed upon any parcel shall be 1,000 cubic feet gross, or 37 cubic yards gross.
   2. Storage in buildings shall be orderly, shall be more than two (2) feet from the ceiling, and shall be so located as not to impair exit from the building.
   3. Storage in the open shall not exceed 20 feet in height, shall be so located as not to constitute a hazard to adjacent buildings or property, and shall be compact and orderly. Such storage is prohibited within three (3) feet of any property line or public right-of-way, except for enclosed areas approved by TAC, and shall not exceed six (6) feet in height when within ten (10) feet of such property line or public right-of-way except for enclosed area approved by the Technial Advisory Committee.

(Ord. 435 §4(C), passed -- 1973; Am. Ord. 657 (part), passed -- 1985)

6.08.070   PRECOLLECTION PRACTICES - POINTS OF COLLECTION.

Refuse containers shall be placed for collection at ground level on the property or immediately adjacent thereto and not within the traveled portion of a street or alley, and not obstructing a sidewalk. All refuse must be within twenty feet of the street right-of-way and easily accessible. (Ord. 435 §4(D), passed -- 1973)

6.08.080   PRECOLLECTION PRACTICES - CONTAINER VISIBILITY RESTRICTED.

When there is a regularly scheduled refuse hauling service, no refuse container shall be placed off of private property or in such a manner as to be visible from any street upon which the property fronts, except after 9:00 p.m. the day before pickup and before 8:00 p.m. the day of pickup. (Ord. 435 §4(F), passed -- 1973)

6.08.081   COMPLIANCE.

All affected properties shall be in full compliance with the provisions of §§ 6.08.010 through 6.08.080 within 60 days of the effective date of the ordinance codified in this chapter. Extensions of time may be granted by the Fire Chief for periods up to an additional 90 days for good cause shown. (Ord. 657 (part), passed -- 1985)

6.08.082   VIOLATIONS.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable as provided in Chapter 1.12. (Ord. 874 §12, passed 8-25-2008)

6.08.090   SPECIAL REFUSE PROBLEMS - CONTAGIOUS DISEASE REFUSE.

The removal of wearing, bedding or other refuse from places where highly infectious or contagious disease has existed shall be performed under the supervision and direction of the health officer. Such refuse shall not be placed in containers for regular collections. (Ord. 435 §5(A), passed -- 1973)

6.08.100   SPECIAL REFUSE PROBLEMS - INFLAMMABLE OR EXPLOSIVE REFUSE.

Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the director at the expense of the owner or possessor thereof. (Ord. 435 §5(B), passed -- 1973)

6.08.110   MANURE - ACCUMULATION - STORAGE - TREATMENT.

No person shall permit or allow any manure to accumulate, be, or remain in or about any stable, barn, shed, or corral for a longer period than 24 hours, except the same shall be kept in a tight box or receptacle with a close-fitting top or cover, so that flies or insects cannot get into or have access to the receptacle, provided that in the foregoing requirements, that the manure be placed in a tight box or receptacle shall not apply, where immediately thereafter, such manure shall be treated to an application of borax (.62 pound to every 10 cubic feet) or an equally efficacious chemical, and thereupon drenched with two (2) or three (3) gallons of water for each 10 cubic feet thereof; provided however, that the provisions of this section shall not apply to any person where the accumulation of such manure is not within 100 feet of any building. (Ord. 435 §6, passed -- 1973)

6.08.120   MANURE - REMOVAL.

All manure so kept in any such pile, box or receptacle described in § 6.08.110 shall be removed and disposed of at least once a week unless otherwise ordered to remove the same more often by the City health officer. Any manure so removed must not be stored or gathered but must be used within two (2) days thereafter. (Ord. 435 §7, passed -- 1973)

6.08.130   YARD WASTE - MIXTURE WITH REFUSE PROHIBITED.

1. No person shall place yard wastes into a container mixed with other solid wastes intended for disposal at a landfill.
2. No person shall deliver yard waste mixed with other solid wastes to a disposal site or transfer station.
3. Any person violating subsection A above shall receive a written warning for the first violation. For each subsequent violation, violators will be assessed an administrative fee in an amount equal to the regular monthly rate for garbage collection for the violator. The administrative fee will be affixed to the bill for garbage collection service by the City's authorized refuse collection agent.
4. Any person delivering to a disposal site or transfer station a load of refuse which contains yard wastes mixed with other solid wastes shall be charged a dump fee rate equal to twice the normal dump fee rate. Said surcharge may be waived by the City Manager for commercial haulers after the City Manager makes a finding that said commercial hauler is diligently enforcing the yard wastes warning and assessment provisions on their customers.

(Ord. 796 §2, passed -- 1997)

6.08.140   COLLECTION BY UNAUTHORIZED PERSON(S) - VIOLATION AND PENALTY.

1. From time of placement of recyclables at the curb or in recycling shelters for collection, items shall become the property of the City or its authorized agent. It shall be a violation of this ordinance for any person unauthorized by the City to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable hereinafter provided.
2. Any person who violates this provision is guilty of a misdemeanor, and upon conviction thereof is punishable as provided in Chapter 1.12.
3. Any person may donate or sell recyclables to any other person whether operating for profit or not for profit.

(Ord. 724 §5, passed -- 1991)

6.10.010   WEED ABATEMENT PROCEDURES.

With the exception of weeds and grass in the sidewalk, curb and gutter areas as defined in § 6.12.040; Nuisance conditions, section E, the City will utilize the Weed Abatement Procedures as set forth in Cal. Government Code §§ 39501 et seq. to § 6.34.040L of this code. (Ord. 706 §2, passed -- 1990)

6.12.010   PURPOSE.

Pursuant to Government Code §§ 38770, et seq., the City Council establishes, as an alternate to procedures otherwise provided for by law, procedures that may be used for the purpose of abating a public nuisance. It shall be a violation of this chapter for any responsible party owning, renting, leasing, occupying or having charge of any premises to cause or permit a nuisance to exist thereon. (Ord. 840 §1, passed -- 2003)

6.12.015   RESPONSIBLE PARTY AND OWNER DEFINED.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
     OWNER.   The owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current.
     RESPONSIBLE PARTY.  Any person, trust(ee), entity, or parent or legal guardian of any person(s) under eighteen (18) years of age, whose acts or omissions have caused, permitted, or contributed to a nuisance and shall include any owner(s) or occupant(s) of real property on which a nuisance exists.
(Ord. 840 §1, passed -- 2003)

6.12.020   PUBLIC NUISANCES INCLUDED.

The provisions of this chapter shall be applicable to any nuisance defined as a nuisance by any City of Fort Bragg ordinance, resolution, provision of the Fort Bragg Municipal Code, or any of the conditions or activities set forth in § 6.12.040 of this chapter. (Ord. 840 §1, passed -- 2003)

6.12.030   OWNER'S RESPONSIBILITY.

An owner remains liable to the City for violations of duties imposed upon him by this chapter even though:

1. An obligation is also imposed on another responsible party; or
2. The owner has, by agreement, imposed upon another responsible party the duty of complying with this chapter.

(Ord. 840 §1, passed -- 2003)

6.12.040   NUISANCE CONDITIONS.

It is declared a public nuisance for any responsible party owning, leasing, occupying or having charge of any premises in this City to maintain such premises in such manner that any one (1) or more of the following conditions or activities are found to exist:

1. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;
2. Buildings which are abandoned, partially destroyed, or permitted to remain unreasonably in a state of partial construction;
3. The failure to close by means acceptable to the City, all doorways, windows and other openings into abandoned vacant structures;
4. Broken windows constituting hazardous conditions or inviting trespassers and malicious mischief;
5. Overgrown vegetation:
   1. Likely to harbor rats, vermin, and other nuisances;
   2. Causing detriment to neighboring properties; or
   3. Causing fire hazard.
6. Dead, decayed, diseased or hazardous trees, weeds and other vegetation located in the curb, gutter and sidewalk areas:
   1. Constituting a danger to public safety and welfare; or
   2. Detrimental to nearby property.
7. Attractive nuisance dangerous to children in the form of:
   1. Abandoned and broken equipment;
   2. Hazardous pools, ponds and excavations; and
   3. Neglected machinery.
8. Broken or discarded furniture and household equipment on the premises for periods in excess of 90 days, visible from the street or nearby property which constitutes visual blight or is detrimental to nearby property or property values;
9. Packing boxes, trash, dirt and other debris deposited for periods in excess of 90 days either inside or outside buildings, visible from the street or nearby property which constitutes visual blight or is offensive to the senses or is detrimental to nearby property values;
10. The accumulation of dirt, litter, or debris in vestibules, doorways or the adjoining sidewalks of commercial or industrial buildings;
11. Neglect of premises:
    1. To influence zone changes; or
    2. To cause detrimental effect upon nearby property or property values.
12. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare;
13. Property maintained in such condition as to create an unsafe condition.
14. Any automobile service station which is closed, vacant or inoperative for a period exceeding 60 days is declared to be a public nuisance. Inoperative is defined as the failure to sell gas, either retail or wholesale, during the 60-day period;
15. Specialty structures which have been constructed for a highly specific single use only, and which are not enclosed or shielded, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair and constitute a hazardous condition including, but not limited to: tanks for gas or liquid, boat housing and storing facilities, boat hoisting and docking facilities, boat mooring pilings, lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and tower, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high rise freestanding chimneys and smoke stacks, drive-in movie screens, recreational structures such as tennis courts and cabanas, and all other specialty structures not listed in this subsection but determined to be a specialty structure by the City;
16. Presence of abandoned, dismantled, wrecked or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof, except:
    1. When completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
    2. When stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
17. Obstruction or encroachment of any public property, including but not limited to any public street, highway, right-of-way, park or building;
18. A violation of any provision of Fort Bragg's Municipal Code, including any uniform code incorporated into the Municipal Code, the Zoning Ordinance, or the California Coastal Act;
19. Storage of hazardous materials in such manner as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties; and/or
20. Any condition recognized in law or in equity as constituting a public nuisance, including without limitation, any condition described in Civil Code § 3479.
21. Continual complaints of violations of Local, State or Federal laws that require the Poilce Department to respond to the property resulting in the issuance of citations or the making of arrests.

(Ord. 840 §1, passed -- 2003; Am. Ord. 875 §43, passed 8-25-2008)

6.12.050   ABATEMENT BY REPAIR, REHABILITATION, DEMOLITION, OR REMOVAL.

All or any part of premises found to constitute a public nuisance shall be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth in this chapter. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law. (Ord. 840 §1, passed -- 2003)

6.12.055   SUMMARY ABATEMENT OF IMMEDIATE DANGERS.

1. Whenever any condition on or use of property causes or constitutes, or reasonably appears to cause or constitute an imminent or immediate danger to the health and safety of the public, the condition or use may be summarily abated by the Cty without notice or hearing.
2. When summary abatement is necessary it shall be ordered only by the City Manager or the person performing the duties of the City Manager in his or her absence.
3. Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public health and safety.
4. Notice of the summary abatement shall be provided to the owner and any other responsible party, as provided in § 6.12.090, as soon as practical.
5. The cost and expense of a summary abatement shall be made a lien on the property and shall be collected pursuant to procedures in §§ 6.12.140, 6.12.150 and 6.12.160.

(Ord. 840 §1, passed -- 2003)

6.12.060   NOTICE OF VIOLATION.

1. Whenever an enforcement officer finds that a provision of this Code has been violated, he or she shall notify the violator in writing of the violation. The form of written notice shall be a Notice of Violation, which shall be served on the violator in the manner described in Section 6.12.090, below.
2. The enforcement officer shall include in the Notice of Violation the following information:
   1. Date and location of the violation, including the address or definite description of the location where the violation occurred, or is occurring;
   2. Section(s) of the Code being violated and a description of the violation;
   3. Actions required to correct or abate the violation and a reasonable amount of time for said actions to be commenced, and the correction or abatement completed;
   4. Notice that the violator may, within fifteen (15) calendar days of the date of the Notice of Violation, appeal said violation to a hearing body;
   5. An order prohibiting the continuation or repeated occurrence of a violation of this Code described in the Notice of Violation; and
   6. The signature of the citing enforcement officer.

(Ord. 840 §1, passed -- 2003)

6.12.065   ABATEMENT BY PROCEEDINGS BEFORE HEARING BODY AND NOTICE OF PUBLIC HEARING.

Whenever the Building Official, Fire Chief or other City employee, agent or representative as may be designated by the City Manager, determines that any premises within the City are being maintained contrary to one (1) or more of the provisions of § 6.12.040, then he orshe shall cause notice to be given as provided in this chapter, of a public hearing before a designated hearing officer or hearing body ("the hearing body") to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the City. The hearing date shall be no less than 20 days after service of the notice. (Ord. 840 §1, passed -- 2003)

6.12.070   FORM OF NOTICE OF HEARING ON ABATEMENT.

Notice of the time and place of hearing before the hearing body shall be titled "NOTICE OF HEARING," and shall be substantially in the form as that notice on file with the City Clerk.  (Ord. 875 §44, passed 8-25-2008)

6.12.080   POSTING AND SERVING NOTICE.

1. The City Clerk or such other person as may be designated by the City Manager, shall cause to be served upon the responsible party a copy of the notice of public hearing.
2. The notice shall be posted and served, at least 2-days before the time fixed for the public hearing. Proof of posting and service of such notices shall be made by declaration under penalty of perjury filed with the City Clerk.

(Ord. 840 §1, passed -- 2003)

6.12.090   FORM OF PROPER SERVICE OF NOTICE.

1. Service of the notice may be made by personal service or by mail and posting as described below.
2. If notice is given by mail and posting, it shall be sent by first class mail, postage prepaid, addressed to the responsible party, and if there is no known address for the responsible party, then to the responsible party at the property address subject to the nuisance proceedings. Service by mail is effective as of the date of deposit. The notice shall also be posted in a conspicuous place upon the property for a period of ten (10) days.
3. The failure of a responsible party to receive such notice shall not affect the validity of the proceedings in this chapter.

(Ord. 840 §1, passed -- 2003)

6.12.100   HEARING BY HEARING BODY.

At the time stated in the notice, the hearing body shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, City personnel and interested persons relative to such alleged public nuisance and to the proposed rehabilitation, removal, repair, demolition, or other abatement appropriate under the legal powers of the City. (Ord. 840 §1, passed -- 2003)

6.12.110   DECISION OF HEARING BODY ORDERING ABATEMENT.

1. Upon the conclusion of the hearing, the hearing body shall determine whether the premises, or any part thereof, as maintained constitutes a public nuisance. If the hearing body finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, remove, demolish or repair the same, the hearing body shall issue a written order setting forth findings. This order shall direct the Owner and any other responsible party having charge or control of such premises to abate the conditions determined to be a nuisance. Such order shall set forth the times within which abatement work shall be commenced and completed. The order shall inform the owner and/or responsible party that if the nuisance is not abated within the specified time, the nuisance may be abated by the City and the cost thereof made a lien or special assessment on the property involved.
2. The order shall also inform the owner and/or responsible party that the time for judicial review is governed by the California Code of Civil Procedure § 1094.6.
3. Subject to judicial review, if requested, the decision and order of the hearing body shall be final.

(Ord. 840 §1, passed -- 2003)

6.12.120   SERVICE OF ORDER OF ABATEMENT.

1. A copy of the order of the hearing body ordering the abatement of the nuisance shall be served upon the responsible party in accordance with the provisions of § 6.12.090. Any responsible party shall have the right to have any nuisance condition abated in accordance with the order and at such party's expense provided the same is done prior to the expiration of abatement period set forth in the order.
2. If the City Manager determines that the abatement of the nuisance is likely to cause a significant depreciation in the value of the property upon which the nuisance is located, the City Manager may order, after consultation with the City Attorney, that all mortgagees and/or beneficiaries under any deeds of trust of record on the property be provided a copy of the order.

(Ord. 840 §1, passed -- 2003)

6.12.130   ABATEMENT BY CITY OFFICER.

If such nuisance is not completely abated as directed within the designated abatement period, then the City Manager, or such other City official as may be designated, may, after consultation with the City Attorney, cause the same to be abated by the City either through the use of its own employees or private contract. (Ord. 840 §1, passed -- 2003)

6.12.140   REPORT TO CITY COUNCIL OF COSTS OF ABATEMENT BY THE CITY.

1. If the City abates the nuisance, the Finance Director at the direction and request of the City Manager shall keep an account of the cost of abatement, including attorney fees, if any, and incidental expenses and shall render an itemized written report to the City Council showing the cost of abatement, including any salvage value of material from the abatement.
2. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in:
   1. Preparation of notices, specifications and contracts;
   2. Inspecting the work;
   3. Costs of preparing for and attending any required hearings;
   4. The costs of printing and mailing required hereunder; and
   5. Costs of imposing a lien or levying a special assessment on the property.
3. In any civil action, administrative proceeding, or special proceeding to abate a nuisance, the City may elect to recover attorneys' fees. If the City makes such election at the initiation of the action or proceeding, attorney's fees may be recovered by the prevailing party in an amount that shall not exceed the amount of reasonable attorneys' fees incurred by the City.
4. Should the proceeds of sale of any salvage material exceed the cost of such abatement, the balance, if any, shall be paid to the owner or responsible party upon establishment of his orher claim for such excess proceeds.

(Ord. 840 §1, passed -- 2003)

6.12.150   HEARING BY CITY COUNCIL ON REPORT OF COSTS OF ABATEMENT BY CITY.

1. The City Council shall set the report of the costs of abatement by the City for hearing to determine the correctness and/or reasonableness of such costs.
2. A copy of the report of costs of abatement by the City and notice of the hearing shall be served on the responsible party (and owner if different than responsible party) at least ten (10) days prior to the date of the City Council hearing. Service shall be as set forth in § 6.12.090. Proof of service shall be made by declaration under penalty of perjury filed with the City Clerk.
3. At the time and place fixed for receiving and considering the report, the City Council shall receive and consider the report of such costs of abatement, together with any objections or protests. The City Council may accept, revise, correct or modify the report. The decision of the City Council on all protests and objections shall be final and conclusive. At the conclusion of the hearing, the City Council shall, by resolution, confirm the report as accepted, revised, corrected or modified.

(Ord. 840 §1, passed -- 2003)

6.12.160   SPECIAL ASSESSMENT OR NUISANCE ABATEMENT LIEN ON PROPERTY FOR COSTS OF ABATEMENT BY THE CITY.

1. The costs of abatement by the City as confirmed by the City Council may be levied as a nuisance abatement lien against the subject property pursuant to Cal. Government Code § 38773.1.
   1. Prior to recordation, notice shall be provided to owner. Service of the notice shall be in the same manner as a summons in a civil action pursuant to Cal. Code of Civil Procedure § 415.10 et seq. If the owner, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in Mendocino County pursuant to Cal. Government Code § 6062.
   2. The nuisance abatement lien shall be recorded in the Mendocino County recorder's office and shall have the force, effect and priority of a judgment lien.
   3. The nuisance abatement lien shall specify the amount of the lien, the name of the City, the date of the City Council's abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the owner.
   4. The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.
   5. The City may recover from the owner any costs incurred regarding the processing and recording of the lien and providing notice to the owner as part of its foreclosure action to enforce the lien.
2. Alternatively, the costs of abatement by the City as confirmed by the City Council may be made a special assessment against the subject property pursuant to Government Code § 38773.5.
   1. Prior to making a special assessment, notice shall be provided to the owner. The notice shall specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments. Service of the notice shall be made by certified mail to the owner. The Tax Collector's power of sale shall not be affected by the failure of the owner to receive notice.
   2. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be collected subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.
   3. If the property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
   4. The City may, subject to the requirements applicable to the sale of property pursuant to Cal. Revenue and Taxation Code § 3691, conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent.
   5. Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation.

(Ord. 840 §1, passed -- 2003)

6.12.170   ABATEMENT OF CERTAIN VEHICLES.

Pursuant to Cal. Vehicle Code § 22660, procedures to remove abandoned, wrecked, dismantled or inoperable vehicles or parts thereof, as public nuisance are found in Chapter 10.44 of the Fort Bragg Municipal Code. (Ord. 840 §1, passed -- 2003)

6.12.180   ALTERNATIVE REMEDIES.

Nothing in this chapter shall be deemed to prevent the City Council from ordering the City attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceeding set forth in this chapter. The City shall keep an account of any costs of abatement, including incidental expenses, as described in § 6.12.140 of this chapter, made in connection with an order of a court to abate a public nuisance. (Ord. 840 §1, passed -- 2003)

6.14.010   REGULATING THE SALE OF TOBACCO PRODUCTS.

1. Any person, business, tobacco retailer or other establishment subject to this chapter shall post plainly visible signs at the point of purchase of tobacco products which state "The sale of tobacco products to persons under eighteen years of age is prohibited by law.  Photo ID is required." The letters of said signs shall be at least 1/4" high.
2. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter shall sell, offer to sell, or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as eighteen years or greater unless the seller has some reasonable basis for determining the buyer's age.
3. It shall be unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for sale or display for sale tobacco products by means of self-service merchandising or by means other than vendor-assisted sales. Cartons of cigarettes, multi-container packages of smokeless tobacco, cigars and pipe tobacco are exempt from this regulation.
4. No person, tobacco retailer, or business, shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. Any tobacco vending machine in use on the effective date of this chapter shall be removed. Bars are exempt from this provision provided that the vending machine is located at a sufficient distance from the doorway so that the proprietor of the bar can regulate access to said machine.

(Ord. 767 §1 (part), passed -- 1994)

6.14.020   VIOLATIONS AND PENALTIES.

Any person who violates any provision of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable as provided in Chapter 1.12.  (Ord. 874 §13, passed 8-25-2008.)

6.18.010   TITLE.

This chapter shall be known as the Smoking Pollution Control and Health Protection Regulations. (Ord. 768 §1, passed -- 1994)

6.18.020   FINDINGS AND PURPOSES.

1. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing environmental tobacco smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
2. Health hazards induced by breathing environmental tobacco smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, bronchoconstriction, and bronchospasm.
3. The American Medical Association, former U. S. Surgeon Generals C. Everett Koop, MD and Antonia Novello, MD and former Secretary of the U. S. Department of Health and Human Services Dr. Louis Sullivan have publicly denounced the tobacco industry for targeting children, teens, women and members of racial and ethnic minority groups in its advertising and promotions and have called for local, state and federal action to prevent the tobacco industry from targeting these individuals, especially youth.
4. Based on the weight of available scientific evidence, the U. S. Environmental Protection Agency (EPA) has concluded that the widespread exposure to environmental tobacco smoke in the United States presents a serious and substantial public health impact.
5. The purpose of this chapter is:
   1. To protect the public health and welfare by prohibiting smoking in public places and places of employment;
   2. To guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; and
   3. To reduce addiction to tobacco products by children and teenagers.
6. It is the further purpose of the City Council in enacting this Ordinance to provide for the public health, safety and welfare by:
   1. Discouraging the use of tobacco or other weeds or plants that produce noxious smoke around persons who do not use such products;
   2. Protecting members of the public  from exposure to tobacco smoke or other weeds or plants that produce noxious smoke; and
   3. Reducing litter caused by cigarette butts, cigar butts, and any other tobacco-related waste, which requires expenditure of the limited City resources to clean up the litter.

(Ord. 768 §1, passed -- 1994; Am. Ord. 881 §2, passed 1-26-2009.)

6.18.030   DEFINITIONS.

For thepurpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

     BAR.  An area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term BAR shall not include the restaurant dining area. A BAR for the purpose of this definition does not include any establishment where tobacco smoke can filter into a restaurant through a passageway, ventilation system, or means other than a doorway which shall remain closed except for customer ingress and egress.
     BUSINESS. any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
     EMPLOYEE.  Any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
     EMPLOYER.  Any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons.
     ENCLOSED AREA.  All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures.
     PLACE OF EMPLOYMENT.  Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, employee cafeteria and hallways. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a child care or health care facility.
     PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a PUBLIC PLACE.
     RESTAURANT. Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term RESTAURANT shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined above.
     RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
     SELF-SERVICE MERCHANDISING. Open promotional displays of tobacco products and point-of-purchase tobacco promotional products that the public has access to without the intervention of an employee.
     SERVICE LINE.  Any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
     SMOKING. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form.
     SPORTS ARENA. Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
    TOBACCO PRODUCT. Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.
     TOBACCO VENDING MACHINE. Any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product.
     VENDOR-ASSISTED. Only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.

(Ord. 768 §1, passed -- 1994)

6.18.040   APPLICATION OF CHAPTER TO CITY-OWNED FACILITIES.

All enclosed facilities owned by the City shall be subject to the provisions of this article. (Ord. 768 §1, passed -- 1994)

6.18.050   PROHIBITION OF SMOKING IN PUBLIC PLACES.

1. Smoking shall be prohibited in all enclosed public places within the City, including, but not limited to, the following places:
   1. Elevators;
   2. Buses, taxicabs, and other means of public transit under the authority of the City, and ticket, boarding, and waiting areas of public transit depots;
   3. Restrooms;
   4. Service lines;
   5. Retail stores;
   6. All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including but not limited to, attorneys offices and other offices, banks, laundromats, hotels and motels;
   7. Restaurants;
   8. Public areas of galleries, libraries and museums, when open to the public;
   9. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production;
   10. Sports arenas, except for outdoor facilities, which shall require a separate section designated for smoking, and convention halls;
   11. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city;
   12. Waiting rooms, hallways, wards and rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices;
   13. Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities;
   14. Lobbies, hallways, and other common areas in multiple-unit commercial facilities;
   15. Polling places.
2. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment.
3. Entrances and Sidewalks.
   1. Smoking shall be prohibited within twenty (20) feet of the entrance to any business and/or along the sidewalk adjacent to the building façade of any business in the Central Business District, as that term iS defined in Fort Bragg Municipal Code § 1.04.010.
   2. Any retail, nonprofit, or service-related business owner outside the Central Business District may choose to prohibit smoking within twenty (20) feet of the entrance to said business and/or along the sidewalk adjacent to the building façade in which said business is located.  Such prohibition shall exist when the business owner, manager, or person having legal control thereof conspicuously posts no smoking signs that are visible from a distance of twenty (20) feet of the entrance of the building.  Said signs shall reference this section of the Municipal Code and contain language similar to the following:  "No smoking within twenty feet of the entrance and/or building pursuant to FBMC Section 6.18.050(C)."  When posted in accordance with this provision, smoking shall be prohibited except for those persons who are passing on their way to another destination.
4. Public Parks.
   1. Smoking shall be prohibited in the following public parks: C.V. Starr Community Center, Guest House/Town Hall Grounds, Noyo Beach, Pomo Bluffs Park, Otis Johnson Park, and Bainbridge Park.
5. Enforcement.

Notwithstanding Section 6.18.090 of this Chapter 6.18, any violation of Subsections C or D of this Section will be enforced by the Fort Bragg Police Department.

(Ord. 768 §1, passed -- 1994, Am. Ord. 880 §3, passed 1-26-2009)

6.18.060   REGULATION OF SMOKING IN PLACES OF EMPLOYMENT.

1. It shall be the responsibility of employers to provide a smoke-free work place for all employees, but employers are not required to incur any expense to make structural or other physical modifications.
2. Within 90 days of the effective date of this chapter, each employer having an enclosed place of employment located within the city 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 a 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, company owned or leased vehicles, and all other enclosed facilities."

   This provision shall not apply to a sole proprietor who is a smoker, and has no employees. This section shall apply to a sole proprietor who has one or more employees, even if those employees also smoke.
3. The smoking policy shall be communicated to all employees within three (3) weeks of its adoption.
4. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.

(Ord. 768 §1, passed -- 1994)

6.18.070   WHERE SMOKING NOT REGULATED.

1. Notwithstanding any other provision of this chapter to the contrary, private residences, except when used as a child care or health care facility, shall not be subject to the smoking restrictions of this chapter.
2. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.

(Ord. 875 §46, passed 8-25-2008)

6.18.080   POSTING OF SIGNS.

1. "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 clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place.
2. Every restaurant shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

(Ord. 768 §1, passed -- 1994)

6.18.090   ENFORCEMENT.

1. Enforcement of this article shall be implemented by the Mendocino County Department of Public Health.
2. Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Mendocino County Department of Public Health.
3. The Public Health Department shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with.
4. Any owner, manager, operator or employee of any establishment regulated by this chapter may inform persons violating this chapter of the appropriate provisions thereof.

(Ord. 768 §1, passed -- 1994)

6.18.100   VIOLATIONS AND PENALTIES.

1. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions.
2. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
3. Any person who violates any provision of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable as provided in Chapter 1.12.

(Ord. 768 §1, passed -- 1994; Am. Ord. 874 §14, 8-25-2008)

6.18.110   NONRETALIATION.

No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter. (Ord. 768 §1, passed -- 1994)

6.18.120   PUBLIC EDUCATION.

The Mendocino County Department of Public Health shall engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it, and to guide owners, operators and managers of their compliance with it. Such programs may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. (Ord. 768 §1, passed -- 1994)

6.18.130   OTHER APPLICABLE LAWS.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 768 §1, passed -- 1994)

6.18.140   SEVERABILITY.

If any provision, clause, 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 with the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 768 §1, passed -- 1994)

6.20.010   COMPLIANCE WITH CHAPTER REQUIRED.

It is unlawful for any person, firm corporation, copartnership or association to do any burning within the City, except under the provisions provided for in this chapter. (Ord. 573 §1, passed -- 1982)

6.20.020   PERMIT REQUIRED WITHIN CITY.

It is unlawful for any person, firm corporation, copartnership or association to burn or engage in any activities to cause the burning of any material in an open area within the City without first having obtained a permit to burn from the Fire Department. (Ord. 573 §2, passed -- 1982)

6.20.030   [RESERVED].

6.20.040   INCINERATORS.

1. All incinerators used within the City must be constructed of metal or masonry material, with a one-quarter-inch screen or metal cover. The location of all incinerators shall be approved by the Fire Chief or the Fire Chief's authorized representative.
2. No incinerator shall be used within 15 feet of any building, fence or combustible material and, in addition, there shall be a reasonably cleared area surrounding the incinerator.

(Ord. 573 §4, passed -- 1982)

6.20.050   SPECIAL PROVISIONS FOR OPEN BURNING.

1. There shall be no open burning within the City without the written consent of the Fire Chief, the Fire Chief's authorized representative or the City Council.
2. The foregoing provisions shall not apply to burning done by, or under the immediate supervision of, the Fire Department.

(Ord. 573 §5, passed -- 1982; Am. Ord. 788 §1(B), passed -- 1996)

6.20.060   PERMIT REVOCATION OR SUSPENSION - APPEAL.

1. Any permit issued under the provisions of this chapter may be suspended or revoked at any time by the Fire Chief or his or her authorized representative when in the opinion of the Fire Chief or his or her authorized representative continued use of the permit would cause:
   1. A fire hazard;
   2. A health hazard;
   3. A public nuisance; or
   4. Environment damage.
2. Any person whose permit is suspended or revoked may appeal such decision to the Fire Appeals Board no later than 15 days from suspension or revocation of the permit, but no burning shall be allowed under the suspended or revoked permit until the Appeals Board decides the appeal.

(Ord. 573 §8, passed -- 1982; Am. Ord. 806 §4A, passed -- 1997; Am. Ord. 802 §4B, passed -- 1997)

6.20.070   VIOLATION - PENALTY.

Violations of this chapter are declared to be infractions, and upon conviction thereof shall be punishable as provided in Chapter 1.12.  (Ord. 874 §15, passed 8-25-2008)

6.24.010   HAZARDOUS MATERIALS.

1. The Fire Department is authorized to contain, clean up or abate the effects of any hazardous material deposited upon or into property or facilities of the City; and any person or persons who intentionally or negligently caused such deposit shall be liable for payment of all costs incurred by the Fire Department or any other City department or employee as a result of such containment or abatement activity. The remedy provided by this section shall be in addition to any other remedies provided by law.
2. For purposes of this section, HAZARDOUS MATERIALS means any substances or materials in a quantity or form which, in the determination of the Fire Chief, the Director of Emergency Services, or their authorized representatives, poses an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiological (biologic) agents, flammables and corrosives.
3. For purposes of this section, costs incurred by the City shall include, but shall not necessarily be limited to, the following:
   1. Actual labor costs of City personnel, including worker's compensation benefits, fringe benefits, administrative overhead;
   2. Cost of equipment operation, cost of materials obtained directly by the City;
   3. Cost of any contract labor and materials; and
   4. Reasonable administrative costs.

(Ord. 658 §1, passed -- 1986)

Statutory reference - Chapter 6.04:

Wholesale requirements, see Cal. Health & Safety Code §§ 111940 et seq.

California Retail Food Code, see Cal. Health & Safety Code §§ 113700 et seq.

 

Statutory reference - Chapter 6.18:

Local regulations on smoking in enclosed places of employment have been suspended by Cal. Labor Code § 6404.5; however, pursuant to Cal. Labor Code § 6404.5(i), if the statute is repealed or amended so that hte smoking prohibition is no longer applicable to all enclosed places of employment in the state, then this chapter shall be fully enforceable.