(1) 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 one hundred dollars. 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 chapter 46.63 RCW for
the disposition of traffic infractions apply to the disposition
of infractions for violation of this subsection except as
follows:
(a) The provisions in chapter 46.63 RCW relating to the
provision of records to the department of licensing in accordance
with RCW 46.20.270 are not applicable to this chapter; and
(b) The provisions in chapter 46.63 RCW relating to the
imposition of sanctions against a person's driver's license or
vehicle license are not applicable to this chapter.
The form for the notice of infraction for a violation of
this subsection shall be prescribed by rule of the supreme court.
(2) When violations of RCW 70.160.050 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 one
hundred dollars. Each day upon which a violation occurs or is
permitted to continue constitutes a separate violation.
(3) Local health departments shall enforce RCW 70.160.050
regarding the duties of owners or persons in control of public
places and places of employment by either of the following
actions:
(a) Serving notice requiring the correction of any
violation; or
(b) Calling upon the city or town attorney or county
prosecutor or local health department attorney to maintain an
action for an injunction to enforce RCW 70.160.050, to correct a
violation, and to assess and recover a civil penalty for the
violation.
[2006 c 2 § 5 (Initiative Measure No. 901, approved November 8, 2005); 1985 c 236 § 7.]
NOTES:
Captions not law -- 2006 c 2 (Initiative Measure No. 901): See note following RCW 70.160.011.