Chapter 9.16
SMOKING REGULATIONS
Sections:
9.16.030 Smoking prohibited in public places and places of employment.
9.16.040 Duties of owners or other persons in charge.
9.16.050 Removing, defacing, or destroying a sign required by MCMC 9.16.040 prohibited.
9.16.060 Penalty for violation.
9.16.010 Purpose.
The purpose of this chapter is to minimize the exposure of citizens to the harmful effects of secondhand smoke in public places and places of employment and to implement Initiative 901 as adopted November 8, 2005, by the citizens of the state of Washington. (Ord. 2005-623 § 1)
9.16.020 Definitions.
Specific terms used in this chapter are defined below. All other terms shall be interpreted in conformance with their usual and ordinary meaning.
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 a public place as defined in RCW 70.160.020(2).
C. "Place of employment" means a place of employment as defined in RCW 70.160.020(3). (Ord. 2005-623 § 1)
9.16.030 Smoking prohibited in public places and places of employment.
It is unlawful for any person to smoke in a public place or in any place of employment or within 25 feet of any building owned by the city of Mill Creek. Penalties for violation of this section shall be in accordance with MCMC 9.16.060. (Ord. 2005-623 § 1)
9.16.040 Duties of owners or other persons in charge.
A. 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 (1) prohibit smoking in public places and places of employment, and (2) post signs prohibiting smoking as appropriate under this chapter.
B. Signs prohibiting smoking 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.
C. Penalties for violation of this section shall be in accordance with MCMC 9.16.060. (Ord. 2005-623 § 1)
9.16.050 Removing, defacing, or destroying a sign required by MCMC 9.16.040 prohibited.
Removing, defacing, or destroying a sign required by MCMC 9.16.040 is prohibited. Penalties for violation of this section shall be in accordance with MCMC 9.16.060. (Ord. 2005-623 § 1)
9.16.060 Penalty for violation.
A. Any person intentionally violating this chapter by smoking in a public place or place of employment shall have committed an infraction and shall be assessed a monetary penalty of $100.00. A person passing by or through a public place while on a public sidewalk or public right-of-way has not intentionally violated this chapter.
B. 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, violating MCMC 9.16.040 shall receive a warning for the first violation. Any subsequent violation shall be an infraction and shall be assessed a monetary penalty of $100.00. Each separate incident and each day upon which a violation occurs or is permitted to continue constitutes a separate violation.
C. Any person removing, defacing, or destroying a sign required by MCMC 9.16.040 shall have committed an infraction and shall be assessed a monetary penalty of $100.00. (Ord. 2005-623 § 1)