City of Lacey, Washington Municipal Code Title 9, Chapter 9.46

Chapter 9.46

SMOKING IN PUBLIC PLACES

Sections:

9.46.010 Definitions

9.46.020 Prohibited

9.46.030 Presumptively reasonable distance

9.46.040 Areas to be posted

9.46.050 Repealed

9.46.060 Violation--Penalty

9.46.070 Enforcement of Section 9.46.040

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

A. “Smoke” or “smoking” means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.

B. “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 of twenty-five feet from entrances, exits, windows than open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

“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, 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 unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social services care on the premises.

C. “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 the Lacey Municipal Code Section 9.46.030, 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. (Ord. 1255 §1, 2005; Ord. 779 (part), 1986).

9.46.020 Prohibited. No person may smoke in a public place or in any place of employment. (Ord. 1255 §2, 2005; Ord. 779 (part), 1986).

9.46.030 Presumptively reasonable distance. Smoking is prohibited within a presumptively reasonable minimum distance of twenty-five feet from entrances, exists, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exists, open windows, or other means. Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that twenty-five feet is a reasonable minimum distance by making application to the director of the Thurston County Health Department. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exists, windows that open, ventilation intakes, or other factors, smoke will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance. (Ord. 1255 §4, 2005; Ord. 1255 §3 Repealed, 2005; Ord. 779 (part), 1986).

9.46.040 Areas to be posted. 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 shall post signs prohibiting smoking 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. 1255 §5, 2005; Ord. 779 (part), 1986).

9.46.050 Repealed (Ord. 1255 §3, 2005; Ord. 779 (part), 1986).

9.46.060 Violation--Penalty. Any person intentionally violating this chapter by smoking in a public place or place of employment, or any person removing, defacing or destroying a sign required by this chapter, is subject to a civil fine of up to $100.00. City law enforcement personnel shall enforce this section by issuing a notice of infraction to be assessed in the same manner as traffic infractions. Said infractions shall be processed, and fines paid, in the manner set forth in Chapter 46.63 of the Revised Code of Washington for the disposition of traffic infractions, with fines assessed and recovered to be paid to the city. (Ord. 1255 §6, 2005; Ord. 779 (part), 1986).

9.46.070 Enforcement of Section 9.46.040. The provisions of Section 9.46.040 shall be enforced by the Thurston County Health Department by one of the following actions:

A. Serving notice requiring the correction of any violation.

B. Filing and maintaining an action for an injunction to enforce the provisions of the Lacey Municipal Code Section 9.46.040 to correct a violation, and to assess and recover civil penalties for the violation.

C. Referring the matter to the city to enforce pursuant to the civil penalty provisions of Chapter 14.40 of the Lacey Municipal Code. (Ord. 1255 §7, 2005; Ord. 779 (part), 1986.

City of Lacey, Washington, USA