Chapter 8.36
SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT

Sections:

8.36.010    Definitions.

8.36.020    Prohibition on smoking.

8.36.030    Obligation of owners.

8.36.040    Penalties.

8.36.050    Presumptively reasonable distance.

8.36.010 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, as set forth in Section 8.36.050 of this chapter, 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, 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.

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 Section 8.36.050 of this chapter, 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. 1540-06 § 1, 2006)

8.36.020 Prohibition on smoking.

No person may smoke in a public place.

(Ord. 1540-06 § 2, 2006)

8.36.030 Obligation of owners.

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 by posting and places of employment and shall post signs prohibiting or permitting 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. 1540-06 § 3, 2006)

8.36.040 Penalties.

A.    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 the amount listed in the master fee schedule adopted by resolution of the city council. 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. Local law enforcement agencies shall enforce this section by issuing a notice of infraction to be assessed in the same manner as traffic infractions. The provisions contained in Chapters 7.80 and 46.63 RCW for the disposition of infractions, except as provided by Chapter 70.160 RCW, apply to the disposition of infractions for violation of this section.

The form for the notice of infraction for a violation of this section shall be prescribed by rule of the Washington State Supreme Court.

B.    When violations of Section 8.36.030 occur, a warning shall first be given to the owner or other person in charge. Any subsequent violation is subject to a civil fine of up to the amount listed in the master fee schedule adopted by resolution of the city council. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation.

C.    Local health departments shall enforce Section 8.36.030 regarding the duties of owners or persons in control of public places and places of employment by either of the following actions:

1.    Serving notice requiring the correction of any violation; or

2.    Calling upon the city or town attorney or county prosecutor or local health department attorney to maintain an action for an injunction to enforce this section and Section 8.36.030, to correct a violation, and to assess and recover a civil penalty for the violation. (Ord. 2013-22 § 28, 2022; Ord. 1540-06 § 4, 2006)

8.36.050 Presumptively reasonable distance.

Smoking is prohibited within a presumptively reasonable minimum distance of twenty-five feet from entrances, exits, 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, exits, 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 local health department or district in which the public place or place of employment is located. 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, exits, 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. 1540-06 § 5, 2006)