Division 9. Environmental Health

Aggregate means a mixture of rocks, pebbles, sand, or similar hard, inert materials used for such purposes as construction, erosion control, road-building, or making of concrete or mortar.

Asbestos means any of the following group of minerals: actinolite, amosite, anthophyllite, chrysotile, crocidolite, or tremolite.

The use of aggregate containing evidence of asbestos content greater than one hundred parts per million by volume is prohibited for any purpose. Each supplier of aggregate in this County shall be conclusively presumed to warrant it to be free of asbestos-bearing content greater than one hundred parts per million by volume.

In this Division the following words have the meanings indicated.

An owner or an employee shall not:

A person, who is not an owner, shall not:

This Section does not apply to the distribution of a coupon which is redeemable for any tobacco product or electronic cigarette when the coupon is contained in a newspaper, a magazine, or any other type of publication in which the coupon is incidental to the primary purpose of the publication, or sent through the mail.

A person has not violated this Section if:

If a minor bought a tobacco product from a vending machine, this Section does not apply to the owner of the vending machine or any other person with control over the vending machine.

An owner shall display or store the tobacco product or electronic cigarette in a manner which by the design demonstrates the owner's intent that the tobacco product or electronic cigarette is inaccessible to the buyer without the intervention of the owner or the owner's agent. Designs that demonstrate an intent that the tobacco product or electronic cigarette is inaccessible to the buyer without the intervention of the owner or the owner's agent shall include storing or displaying the tobacco product or electronic cigarette as follows:

Notwithstanding any other provision of law, a retailer or wholesaler may not purchase unpackaged cigarettes from a tobacco manufacturer or sell, resell, distribute, dispense or give away unpackaged cigarettes to any person.

Definitions. In this Section the following words have the meanings indicated:

Child resistant packaging required. No person shall sell, resell, distribute, dispense or give away:

Exceptions. This section does not apply to a liquid nicotine container that is sold, marketed, or intended for use in an electronic cigarette if the container is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.

This Division shall be enforced by the Health Officer or Health Officer's designee. The Health Officer or designee may issue a citation to any person who violates Sections 12-202, 12-203 or 12-204 of this Division. The citation shall serve as notification to the person that a civil violation has been committed and in accordance with the provisions of Division 3, Subtitle 28 of this Code shall be subject to the monetary civil fine as provided in Subsections (b) and (c) of this Section, subject to his right to elect to stand trial pursuant to Section 28-257 of this Code.

An owner who violates this Division is subject to a civil penalty of not more than Three Hundred Dollars ($300.00) for the first violation and not more than One Thousand Dollars ($1,000.00) for subsequent violations.

An employee who violates this Division is subject to a civil penalty of not more than Fifty Dollars ($50.00) for the first violation and not more than One Hundred Dollars ($100.00) for subsequent violations.

For the purposes of this Division, subsequent violation means a separate and distinct incident at a different time and occasion.