§ 1009.40.

AUTHORITY

a.

Authority. The provisions of Labor Code Section 6404.5, governing smoking in enclosed places of employment, shall be enforced by peace officers employed by the San Francisco Police Department and by employees of the Department of Public Health designated by the Director of Public Health; provided, however, that employees designated by the Director of Public Health with the authority to enforce Labor Code Section 6404.5 may only issue citations to employers and not to patrons, customers, consumers or other guests.

b.

Department of Public Health Employees as Public Officers. In the performance of their duties of monitoring and enforcing compliance with the provisions of Labor Code Section 6404.5, all persons authorized by the Director of Public Health to engage in such enforcement activities shall have the power, authority and immunity of a public officer and employee as set forth in California Penal Code Section 836.5, and to make arrests without a warrant whenever such employees have reasonable cause to believe that a violation of Labor Code Section 6404.5 has taken place in their presence. In any case in which a person is arrested pursuant to this authority and the person does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and shall release the person on their promise to appear as prescribed by Chapter 5C (commencing with Section 853.6) of the California Penal Code.

The Director of Public Health, in coordination with the Chief of Police, shall establish and cause to be administered an enforcement training program designed to instruct each employee so authorized by this Section to exercise arrest and citation authority. Such training shall include guidance and instruction regarding the evidentiary prerequisites to proper prosecution of violations thereof; the appropriate procedures for making arrests or otherwise prudently exercising such arrest and citation authority; and the legal and practical ramifications and limitations relevant to exercising enforcement authority.

History

(Added by Ord. 181-95, App. 6/2/95)

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