Title 8 | Health, Welfare, and Sanitation

Chapters
8.04 Food Handling Rules and Regulations
8.08 Health Permits - Food Handling Establishments
8.12 Flood and Mudslide Control
8.20 Depositing Garbage in Designated Places
8.24 Smoking and Vaping

Chapter 8.04
FOOD HANDLING RULES AND REGULATIONS*

Sections
8.04.010 Adoption by reference.
8.04.020 Penalty.
8.04.030 Savings clause.

* For the statutory provisions authorizing local boards of health to enact local regulations necessary to preserve public health and to provide for the control of contagious diseases, see RCW 70.05.060(3) and 70.05.060(4).

8.04.010 Adoption by reference.
The Board of County Commissioners hereby adopts by reference the Washington State Board of Health Rules and Regulations for Food Service Standards (Chapter 246-215 WAC) effective May 2, 2005, and as hereafter amended. (Ord. 2005-27, 2005; Ord. 99-08, 1999).

8.04.020 Penalty.
In addition to the penalties provided in WAC 246-215, any person, firm, or corporation violating any provision of these regulations or WAC 246-215 shall be guilty of a misdemeanor as defined in RCW 9A.20.021. (Ord. 2005-27, 2005).

8.04.030 Savings clause.
If any provision of this ordinance or its application to any person, entity or circumstance is for any reason held invalid, the remainder of the ordinance, or the application of the provision to other persons, entities or circumstances shall not be affected. (Ord. 2005-27, 2005).

Chapter 8.08
HEALTH PERMITS - FOOD HANDLING ESTABLISHMENTS*

Sections
8.08.010 Food handling establishment defined.
8.08.020 Permit required - Exceptions.
8.08.030 Permit issuance.
8.08.040 Fees.
8.08.050 Nontransferable - Annual renewal.
8.08.060 Violation - Penalty.

* Editor's note: The fee schedule adopted by Res. 79-9, previously codified in Chapter 8.08 KCC, has been superseded by the fee schedule attached to Res. 88-7, which is codified in Chapter 4.04 KCC.

8.08.010 Food handling establishment defined.
As used in this chapter "food handling establishment" means and includes any place where food and drink are served to or provided for the public with or without charge, such as hotels; restaurants; cafes; cafeterias; boarding houses; street vendors, or stalls; private, public, parochial or Sunday schools; churches and public institutions; railway stations; recreational and labor camps; bars; taverns; soda fountains; itinerant restaurants operating for a temporary period in connection with a fair, circus, public exhibition, or some similar gathering; food markets, meat markets, or any place, wholesale or retail, where foods or meats in bulk or package form, are provided for the public for preparation and service elsewhere; and any other establishment not otherwise described, but which is included in the definition of "Food establishment" in Chapter 246-215 WAC, except, that slaughterhouses and meat packing plants which are inspected by either the United States Government or by the state for sanitation purposes shall be exempt from this chapter. (Ord. 2005-27, 2005; Ord. 99-08, 1999; Res. 64-19, Vol. N, p. 38, 1964; Vol. L, p. 577 § 1, 1958. Formerly 5.12.010).

8.08.020 Permit required - Exceptions.
It is unlawful for any person, firm or corporation to operate any food handling establishment, as defined in KCC 8.08.010, in the county, without first having secured and paid for a license or food handling establishment permit to operate such establishment; except, that parochial schools, Sunday schools, churches, and public institutions serving food and drink to the public, with or without charge, shall not be required to pay a fee to obtain a license or food handling establishment permit. (Ord. 99-08, 1999; Vol. L, p. 577 § 2, 1958. Formerly 5.12.020).

8.08.030 Permit issuance.
The license or food handling establishment permit shall be obtained from the county health officer or designee after application therefore has been made to such health officer. No such license or food handling establishment permit shall be issued to any person, firm or corporation whose place of business does not comply with section KCC 8.04.010 of this code. (Ord. 2005-27, 2005; Ord. 99-08, 1999; Vol. L, p. 577 § 3, 1958. Formerly 5.12.030).

8.08.040 Fees.
The application process, period of validity and fee for such license or food handling establishment permit shall be set by annual resolution of the Board of Health. (Ord. 2005-27, 2005; Ord. 9908, 1999; Ord. 67-3, Vol. N, p. 377, 1967; Vol. L, p. 577 § 4, 1958. Formerly 5.12.040).

8.08.050 Nontransferable - Annual renewal.
Such licenses or food handling establishment permits shall be nontransferable and the same shall be renewed annually. (Ord. 99-08, 1999; Vol. L, p. 577 § 5, 1968. Formerly 5.12.050).

8.08.060 Violation - Penalty.
Any person, firm or corporation violating any provisions of this chapter shall be guilty of a misdemeanor and shall be punished as provided in RCW 9A.20.021. (Ord. 2005-27, 2005; Ord. 99-08, 1999; Vol. L, p. 577 § 6, 1968. Formerly 5.12.060).

Chapter 8.12
FLOOD AND MUDSLIDE CONTROL

Sections
8.12.010 Legislative action.
8.12.020 Responsibility for annual progress report.

8.12.010 Legislative action.
The board of county commissioners assures the Federal Insurance Administration that it will take legislative action as follows:

1. Submit a copy of the land use and control measures the county has adopted in order to meet the requirements of 1910.3 and/or 1910.4 of the National Flood Insurance Regulations;
2. Take such other official action as may be reasonably necessary to carry out the objectives of the program. Such actions will include but not be limited to:
   1. Delineating or assisting the administrator, at his request, in delineating the limits of the areas having special flood and/or mudslide hazards on available local maps of sufficient scale to identify the location of building sites;
   2. Providing such information as the administrator may request concerning present uses and occupancy of the flood plain and/or mudslide area;
   3. Maintaining for public inspection and furnishing upon request, with respect to each area having special flood hazards, information on elevations (in relation to mean sea level) of the lowest floors of all new or substantially improved structures and, where there is a basement, the distance between the first floor and the bottom of the lowest opening where water flowing on the ground will enter; and
   4. Providing the name of the individual and the office that will be responsible for furnishing the first floor elevation information;
   5. Cooperating with federal, state, and local agencies and private firms which undertake to study, survey, map, and identify flood plain or mudslide areas, and cooperate with neighboring communities with respect to management of adjoining flood plain and/or mudslide areas in order to prevent aggravation of existing hazards. (Ord. 99-08, 1999; Res. 73-10, 1973).

8.12.020 Responsibility for annual progress report.
The board of county commissioners appoints the Kittitas County planning director with the responsibility, authority and means to submit on the anniversary date of the county's initial eligibility, an annual report to the administrator on the progress made during the past year within the community in the development and implementation of flood plain and/or mudslide area management measures and to implement all other commitments made herein. (Ord. 99-08, 1999; Res. 73-10, 1973).

Chapter 8.20
DEPOSITING GARBAGE IN DESIGNATED PLACES*

Sections
8.20.010 Permitted areas.
8.20.015 Dropping from vehicle.
8.20.020 Penalty for violation.

* Statutory provisions: See Chapter 36.58 RCW, Solid Waste Disposal.

8.20.010 Permitted areas.
It is unlawful for any person to throw, drop, or to leave any discarded object, debris, or any waste, upon any public or private property in this county, or in any waters in this county, unless:

1. Such property is designated by the federal government, state, county or city/town within Kittitas County for the disposal of garbage and refuse, and such person is authorized to use such property for such purpose;
2. Into a litter receptacle or container installed on such property by any governmental agencies described in subsection (1) of this section or installed with their consent;
3. He is the owner or a tenant in lawful possession of such property. (Ord. 99-08, 1999; Ord. 94-21, 1994)

8.20.015 Dropping from vehicle.
It is unlawful to drive or move any vehicle on any public road or highway within the county which is hauling any discarded object, debris, or any waste or garbage unless such vehicle is either constructed or loaded in such a manner as to prevent any of its load from dropping, sifting, leaking, blowing or otherwise escaping therefrom. If any discarded object, debris, or any waste or garbage drops, sifts, leaks, blows or escapes from any vehicle on any public road or highway, it shall be prima facie evidence that the vehicle was loaded in violation of this chapter. (Ord. 99-08, 1999; Ord. 94-21, 1994)

8.20.020 Penalty for violation.
Any person violating any of the provisions of this chapter shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period not exceeding 90 days. (Ord. 99-08, 1999; Ord. 94-21, 1994)

Chapter 8.24*
SMOKING AND VAPING

Sections
8.24.010 Definitions.
8.24.020 Smoking prohibited in public places or places of employment.
8.24.030 Owners, lessees to post signs prohibiting smoking and vaping.
8.24.040 Intent of chapter as applied to certain private workplaces.
8.24.050 Intentional violation of chapter - Removing, defacing, or destroying required sign - Fine - Enforcement.
8.24.060 Giving away tobacco products prohibited.
8.24.070 Electronic Vapor Devices.
8.24.075 Kittitas County Event Center smoking and vaping regulation.
8.24.080 Severability.

* Renamed in Ord. 2016-016, 2016.

8.24.010 Definitions.
As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise.

1. "Smoke" or "smoking" means the carrying, smoking, or use of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.
2. "Electronic Vapor Device" means any electronic product that can be used to aerosolize and deliver nicotine and/or other substances to the person inhaling from the device, including but not limited to, an electronic or e-cigarette, e-cigar, e-pipe, e-pen, or any other such device, regardless of the details of the product appearance or marketed name.
3. "Liquid Nicotine" means any liquid product composed either in whole or in part of nicotine, propylene glycol and/or other similar substances and manufactured for use with an electronic cigarette or electronic nicotine delivery system.
4. "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises.
   
   Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, any place where tobacco or tobacco products are sold, and no less than seventy-five percent of the sleeping quarters within a hotel or motel that are rented to guests. A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.
5. "Place of employment" means any area under the control of a public or private employer which employees are required to pass through during the course of employment, including, but not limited to: Entrances and exits to the places of employment, and including a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a place of employment.
6. "Retail outlet" means each place of business from which vapor products are sold to consumers.
7. "Primary retail activity" means the business activity that generates at least 51% of the business' income. (Ord. 2016-016, 2016; Ord. 2009-13, 2009)

8.24.020 Smoking prohibited in public places or places of employment.
No person may smoke in a public place or in any place of employment. (Ord. 2009-13, 2009)

8.24.030 Owners, lessees to post signs prohibiting smoking and vaping.
Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employment and vaping in indoor public places not subject to the tasting exception and shall post signs prohibiting smoking and vaping as appropriate under this chapter. Signs shall be posted conspicuously at each building entrance. In the case of retail stores and retail service establishments, signs shall be posted conspicuously at each entrance and in prominent locations throughout the place. (Ord. 2016-016, 2016; Ord. 2009-13, 2009)

8.24.040 Intent of chapter as applied to certain private workplaces.
This chapter is not intended to regulate smoking and vaping in a private enclosed workplace, within a public place, even though such workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the chief of the Washington state patrol, through the director of fire protection, or by other law, ordinance, or regulation. (Ord. 2016-016, 2016; Ord. 2009-13, 2009)

8.24.050 Intentional violation of chapter - Removing, defacing, or destroying required sign - Fine - Enforcement.

1. Any person intentionally violating this chapter by smoking in a public place or place of employment, or vaping in a prohibited area, or any person removing, defacing, or destroying a sign required by this chapter, is subject to penalties and enforcement under Title 18 KCC, except that a notice of correction under Chapter 18.02 KCC shall not be required. Any person passing by or through a public place while on a public sidewalk or public right-of-way has not intentionally violated this chapter.
2. Any person intentionally violating section 030 of this chapter, is subject to penalties and enforcement under Title 18 KCC, except that a notice of correction under Chapter 18.02 KCC shall not be required and the minimum penalty shall be $100 for each day of violation under this chapter, not including statutory assessments. This penalty may not be waived, reduced, or suspended below the $100.
3. Nothing in this Chapter shall in any way limit Local health departments, Local Law enforcement agencies and the county prosecutor from seeking to enforce Chapter 70.160 RCW. (Ord. 2016-016, 2016; Ord. 2009-13, 2009)

8.24.060 Giving away tobacco products prohibited.
Giving away tobacco and tobacco products is prohibited. No retailer shall give away tobacco or tobacco products to any person. No person shall give away or offer to give away tobacco products to any person. (Ord. 2009-13, 2009)

8.24.070 Electronic Vapor Devices.
No person may use an electronic vapor device in any indoor public place unless the public place is a licensed retail outlet where access by minors is prohibited. In licensed retail outlets where the primary retail activity is the sale and distribution of electronic vapor devices and liquid nicotine, tastings and samplings are permitted within the licensed premises. In licensed retail outlets where access by minors is prohibited, and the primary retail activity is not the sale and distribution of electronic vapor devices and liquid nicotine, any tasting or samplings may only be offered in an enclosed area separated from all other business activity. (Ord. 2016-016, 2016)

8.24.075 Kittitas County Event Center smoking and vaping regulation.

1. No person may smoke and/or use an electronic vaping device in any location operated by the Kittitas County Event Center, unless the location has been clearly identified as a designated smoking and or vaping area, at any time in which the Board of County Commissioners has declared the necessity for such regulation.
2. Designated smoking and/or vaping area regulations shall always be in effect during the Kittitas County Fair and may be invoked at any other event held at the Kittitas County Event Center that is open to the public when a smoking and/or vaping regulation is found to be in the best interest of public health, safety, and welfare.
3. Regulation assessment criteria includes, but is not limited to, enhanced fire protection and control and certain weather conditions that make it difficult to control exposure to nonsmokers and/or non-vaping device users.
4. The Board of County Commissioners may invoke the smoking and/or vaping regulation by resolution any time prior to the commencement of any qualifying event.
5. The Kittitas County Event Center shall post signs consistent with this chapter limiting smoking and/or vaping as appropriate under this chapter. Signs shall be posted conspicuously at building entrances and in other prominent locations throughout the Kittitas County Event Center.

(Ord. 2017-015, 2017)

8.24.080 Severability.
If any provision of this Chapter or its application to any person or circumstances is held invalid, the remainder of the Chapter or the application of the Chapter to other persons or circumstances shall not be affected. (Ord. 2016-016, 2016; Ord. 2009-13, 2009)