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
8.21 Recycling Service Level
8.22 Compost Procurement
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* Editor's note: The fee schedule adopted by Res. 79-9, previously codified in Chapter 8.08 KCC, has been superseded by the fee schedule attached to Res. 88-7, which is codified in Chapter 4.04 KCC.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 8.21
RECYCLING SERVICE LEVEL

Sections
8.21.005 Effective date.
8.21.010 Purpose.
8.21.020 Definitions.
8.21.030 Residential curbside recycling and yard waste collection boundaries.
8.21.040 Minimum levels of curbside recycling and yard waste collection service.
8.21.050 Curbside recycling and yard waste collection rates.
8.21.060 County notification of WUTC tariff filings.
8.21.070 Program promotion and education requirements.
8.21.080 Reporting requirements.

8.21.005 Effective date.

This ordinance shall take effect on January 1, 2024. (Ord. 2022-017, 2022)

8.21.010 Purpose.

To address increased demand from Kittitas County Residents for curbside recycling and yard waste collection. (Ord. 2022-017, 2022)

8.21.020 Definitions.

1. "Cart" means a watertight heavy plastic receptacle with a rated capacity of approximately ninety-six (96) gallons, having a hinged, tight-fitting lid and two (2) wheels.
2. "Curb or Curbside" means the area within five (5) feet of a public street where collection services occur. If safe access is difficult or if extraordinary circumstances preclude a particular location, curbside shall be considered a placement suitable for customers, convenient for contractor's equipment, and mutually agreed to by contractor and WUTC. Contractor will assess a fee for communities that have covenants that do not allow curbside placement of containers.
3. "Compost facility" means any facility that is permitted to accept organic materials as defined in WAC 173-350-100.
4. "Curbside recycling" means the collection of food packaging, product packaging, and paper products designated in the current Kittitas County comprehensive solid waste management plan and commonly found in residential garbage that are best managed by returning them to a remanufacturing cycle.
5. "Division" means the solid waste division of Kittitas County department of solid waste.
6. "Eligible residence" shall mean any residence located within the urban areas of Kittitas County, which receives garbage collection service from a certificated hauler. The certificated hauler must provide the level of service described in this Ordinance to all those eligible residences and the customer must pay for the service on a subscription bases. "Eligible residence" shall also include any residence located within the urban unincorporated portions of Kittitas County which does not receive garbage collection service from a certificated hauler but elects to receive the recycling service described in this Ordinance. These eligible residences, not otherwise required to pay for the garbage and recycling services, must pay for the recycling collection service only if the customer elects to receive it. These residences that become eligible residences by election only, are not required to accept garbage collection service from a certificated hauler, even if they elect to receive recycling collection service.
7. "Group Collection Site" means a location established by the solid waste collection company to service carts from multiple accounts, where collection vehicle access is limited.
8. "Material recovery facility" means any facility that collects, compacts, repackages, sorts, or processes for transport source separated solid waste for the purpose of recycling (WAC 173-350-100).
9. "Multifamily customer" means the manager or owner of a multifamily residence.
10. "Multifamily residence" means any structure housing two or more dwelling units (WAC 480-70-041).
11. "Recyclable materials" means materials designated in the current Kittitas County comprehensive solid waste management plan that are transported for recycling, reprocessing, reclamation, or for any process that extracts or modifies the commodity for reuse or another commercially valuable purpose (WAC 480-70-041).
12. "Single-family customer" means a person or family living in a residential unit designed exclusively for occupancy of one family living independently.
13. "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, refuse, swill, ashes, industrial wastes, sewage sludge, demolition, and construction wastes, abandoned vehicles or parts of abandoned vehicles, and source-separated recyclable materials collected from single- and multifamily residences (WAC 480-70-041).
14. "Solid waste company" means every common carrier, including a contract carrier, who provides solid waste collection service as authorized by the Washington Utilities and Transportation Commission (WAC 480-70-041).
15. "Yard waste" is a component of compostable organics and means plant material commonly generated while maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. "Yard waste" includes, but is not limited to, grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden waste, holiday trees, and tree prunings twelve inches or less in diameter.
16. "WUTC" means the Washington Utilities and Transportation Commission. (Ord. 2022-017, 2022)

8.21.030 Residential curbside recycling and yard waste collection boundaries.

1. Curbside Recycling. Curbside recycling service will be available to all single-family customers in the Urban Growth area of the City of Ellensburg, the City of Cle Elum, Roslyn and in all Master Planned Resorts.
2. Boundaries for the purpose of establishing minimum levels of curbside collection of yard waste from single-family and multifamily customers will be the same. (Ord. 2022-017, 2022)

8.21.040 Minimum levels of curbside recycling and yard waste collection service.

The minimum levels of service and the Washington Utilities and Transportation Commission (WUTC) regulation of the solid waste company, pursuant to Chapter 81.77 RCW will continue from the effective date of the ordinance codified in this chapter unless terminated by the county. The minimum level of curbside recycling and yard waste collection service to be provided by the solid waste company in unincorporated Kittitas County must include the following:

1. Single-Family Curbside Recycling.
   1. Single-family customers receiving curbside garbage collection service will receive and pay for curbside recycling service.
   2. Single-family customers not receiving curbside garbage collection service may contact the solid waste company to receive and be billed for curbside recycling service.
   3. Recyclable Material Collected. The following recyclable material will be collected from single-family customers as specified herein. Material will be commingled in each collection container.
      1. Tin-coated steel cans.
      2. Aluminum cans.
      3. Newspaper, including glossy advertisements and inserts that are delivered with the newspaper.
      4. Mixed paper, including mail, magazines, catalogs, phone books, paperback books, computer paper, white and colored ledger, file folders, file cards, and chipboard.
      5. Paper food containers, including paper bags, dry food boxes, frozen food boxes, and milk cartons.
      6. Corrugated cardboard.
      7. Plastic containers including bottles, jugs, jars, and dairy tubs.
   4. Collection Schedule. The recyclable material listed in subsection (1)(C) of this section must be collected at least every other week.
   5. Collection Containers. The solid waste company shall provide a minimum of one 96-gallon blue cart (or cart with blue lid) to each single-family customer. Single-family customers that generate more recyclable material between collections have the following options:
      1. Request additional carts from the solid waste company. Additional recyclables carts shall be made available by the solid waste collector. The solid waste collector may charge for additional recycling carts.
      2. Recyclables that do not fit within the cart may be placed in a cardboard box or container marked "Recycling" for collection and shall be subject to additional charges.
      3. Haul extra recyclable material to the nearest county-owned recycling facility. There is no additional charge for using the recycling facility.
2. Multifamily Curbside Recycling.
   1. Multifamily customers receiving curbside garbage collection service will receive and be billed for curbside recycling service.
   2. Recyclable Material Collected. All the recyclable material listed in subsection (1)(C) of this section will be collected from multifamily customers as specified herein. Material will be commingled in each recycling collection container.
   3. Collection Schedule. The recyclable material listed in subsection (1)(C) of this section must be collected at least every other week.
   4. Collection Containers. Carts must be placed at each garbage collection location where space for multiple carts or steel containers and access for recycling trucks is available. The solid waste company in consultation with the division will determine the correct number of recycling carts or steel containers for each multifamily customer. Every effort must be made by the customer, in coordination with the hauling company, to provide adequate space to accommodate 0.1 cubic yards of recycling capacity per unit, per week.
3. Optional Curbside Compostable Organics Collection.
   1. Curbside yard waste collection service will be available to all single-family and multifamily customers within the curbside collection boundaries as follows:
      1. Collection of residential yard waste must be made available to all residences within the permanent residential burn ban areas.
      2. Additional areas outside the burn ban boundaries, in which the collection company and the County have agreed that adequate demand and route density exist, will be given access to collection services.
   2. Single-family and multifamily customers will receive and pay for curbside yard waste collection only if they request this service.
   3. Material Collected. The following material will be collected as specified herein:
      1. Single-family: Yard waste
         1. Yard waste commonly generated while maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities, including, but not limited to, grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden waste, holiday trees, and tree prunings twelve inches or less in diameter.
   4. Collection Containers. The solid waste company will provide the number of ninety-six-gallon carts requested by the customer.
4. Additional Service Provisions. The following provisions apply to the collection services described in this chapter:
   1. All carts must be standardized throughout the county. The solid waste company will provide Blue carts for recycling and Green carts for yard waste to remain consistent throughout.
   2. The solid waste company may refuse to collect curbside recycling and compostable organics material set out for collection if the material will be unmarketable due to contamination. If collection is refused, the solid waste company must attach information to the cart explaining why the material was not collected. The customer will have the choice to clean the recyclable and yard waste material or ask the solid waste company to dispose of the material as garbage at the next scheduled pick up. The division in consultation with the solid waste company will develop this information.
   3. Solid waste company is not obligated to collect contaminated containers from customers. For purposes of this ordinance, a container is contaminated when, based on physical and/or electronic visual inspection it is determined that (i) a recyclables container contains non-recyclables (pursuant to the list of materials set forth in Exhibit B, (ii) a yard debris container contains material other than yard debris, and/or (iii) any container contains any unacceptable waste. If solid waste company elects not to collect a contaminated container, solid waste company shall notify the customer explaining why. Such notice may be provided by container tag, email, or other method of communication. Solid waste company will not knowingly collect a contaminated cart if contamination is visible by the driver prior to collection. If solid waste company services a container, and subsequently discovers contamination in the truck hopper at the stop, solid waste company may charge the customer a contamination charge, pursuant to the rates. Such contamination charge may be included in the customer's regular invoice or billed separately.
   4. The solid waste company must clean up any material spilled by their employees or equipment. Failure to do so may result in a fine by the Kittitas County Public Health District.
   5. The solid waste company will not dispose of curbside recycling material or yard waste by landfilling, incineration, or other means without the written consent of the division. The division will not withhold consent unreasonably in the case of contaminated loads that are unmarketable. When consent is granted, the solid waste company must report the type of material, the nature of contamination, the weight and volume of material disposed, and date and method of disposal to the division within two business days.
   6. The division and the solid waste company will discuss the economic viability of any proposed changes to the list of recyclable or yard waste material to be collected, or to the service boundaries. Changes in service area boundaries are subject to approval of the county. (Ord. 2022-017, 2022)

8.21.050 Curbside recycling and yard waste collection rates.

The solid waste company must use rate structures and billing systems consistent with the solid waste management priorities set forth under RCW 70.95.010. (Ord. 2022-017, 2022)

8.21.060 County notification of WUTC tariff filings.

Pursuant to WAC 480-70-271, the solid waste company must notify the division when filing a tariff revision for garbage, curbside recycling, or yard waste collection rates with the WUTC. The solid waste company must notify the division, within two business days, of scheduled times and dates of any open meetings or public hearings before the WUTC for proposals that might have an effect on customers that reside in Kittitas County. (Ord. 2022-017, 2022)

8.21.070 Program promotion and education requirements.

1. The solid waste company will prepare and publish materials that encourage the use of curbside recycling, yard waste, and garbage collection services. The division may direct the solid waste company to distribute printed material to customers. Distribution methods include: Publishing materials on the hauler's website, mailings, and cart tagging programs.
2. The solid waste company must distribute educational materials to new customers.
3. The solid waste company must prepare and distribute calendars of collection dates to all customers. The calendar must list the solid waste company's phone number and the WUTC's consumer affairs toll free phone number.
4. The solid waste company will not distribute any promotional or educational materials to the customer without prior review and approval of the materials by the division. (Ord. 2022-017, 2022)

8.21.080 Reporting requirements.

1. The solid waste company must submit garbage, curbside recycling, and yard waste collection data to the division in a format determined by the division on a quarterly basis. These reports must also include contamination rates and material composition of commingled recyclables from MRF audits, and number of residential recycling accounts tagged or not serviced due to contamination.
2. The solid waste company must annually provide a summary report to the Division of all multifamily facility service levels, including garbage and recycling containers and service frequency. (Ord. 2022-017, 2022)

Chapter 8.22
COMPOST PROCUREMENT

Sections
8.22.010 Definition.
8.22.020 General Policy.
8.22.030 Local Purchasing.
8.22.040 Planning.
8.22.050 Education.
8.22.060 Reporting.

8.22.010 Definition.

A "Finished Compost Product" means a product created with "composted material" as defined in RCW 70A.205.015(3). Finished Compost Products include, but are not limited to, 100% finished compost or blends that include compost as a primary ingredient. Mulch is considered a Finished Compost Product if it contains a minimum of sixty percent composted material. Bark is not a Finished Compost Product. (Ord. 2022-014, 2022)

8.22.020 General Policy.

Kittitas County shall purchase finished compost products for use in public projects in which compost is an appropriate material in county projects or on county land, provided it is not cost prohibitive to acquire. Cost prohibitive is defined as a product purchasing cost that exceeds 10% of the cost of another product that would serve the same purpose. Kittitas County is not required to use compost products if:

1. Compost products are not available within a reasonable period of time;
2. Compost products that are available do not comply with existing purchasing standards; and
3. Available compost products do not comply with federal or state health, quality, or safety standards. Pursuant to RCW 43.19A.130, Kittitas County will strive to purchase an amount of finished compost products that is equal or greater than fifty percent of the amount of organic materials delivered to the compost processor.

(Ord. 2022-014, 2022)

8.22.030 Local Purchasing.

Kittitas County will purchase finished compost products from companies producing compost locally, are certified by a nationally recognized organization, such as the United State Composting Council, and produce finished compost products that are derived from municipal solid waste compost programs while meeting quality standards adopted by the department of transportation or adopted by rule by the Department of Ecology. If locally produced compost is not available, compost shall be sourced from outside the County, with preference given to products sourced as close as possible to Kittitas County. Proof that locally produced compost was not available at the time of purchase or was cost-prohibitive shall be documented. (Ord. 2022-014, 2022)

8.22.040 Planning.

In order to meet the general policy, Kittitas County shall plan for compost use in the following categories:

1. Landscaping projects;
2. Construction and postconstruction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and
4. Low-impact development of green infrastructure to filter pollutants to keep water onsite or both.

This plan will be re-assessed by December 31, 2024, and each December 31st of even-numbered years thereafter as part of its reporting obligations in Section 5. (Ord. 2022-014, 2022)

8.22.050 Education.

Kittitas County Solid Waste shall conduct educational outreach to inform residents about the value of compost and how the jurisdiction uses compost in its operations each year. (Ord. 2022-014, 2022)

8.22.060 Reporting.

By December 31, 2024, and each December 31st of even-numbered years thereafter, Kittitas County shall report the following information to the Department of Ecology:

1. The total tons of organic material diverted each year;
2. The volume and cost of composted material purchased each year; and
3. The source(s) of the finished compost product purchased.

(Ord. 2022-014, 2022)

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)