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On December 8, 2005 Washington state implements a comprehensive statewide law prohibiting smoking in all public places and workplaces.
Click here to see the election results in your county.
To learn more about the Smoking in Public Places Law visit the Washington State Legislature Web site.
Below is the text of Initiative Measure No. 901, according to the Washington
Secretary of State’s office. To view a copy of Initiative Measure No. 901 on the
Secretary of State’s Web site
click here.
Initiative 901
AN ACT Relating to the prohibition of smoking in public places and places of
employment; amending RCW 70.160.020, 70.160.030, 70.160.050, and 70.160.070;
adding new sections to chapter 70.160 RCW; creating a new section; and repealing
RCW 70.160.010, 70.160.040, and 70.160.900.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.160 RCW to read as
follows:
INTENT AND FINDINGS. The people of the state of Washington recognize
that exposure to second-hand smoke is known to cause cancer in humans.
Second-hand smoke is a known cause of other diseases including pneumonia,
asthma, bronchitis, and heart disease. Citizens are often exposed to second-hand
smoke in the workplace, and are likely to develop chronic, potentially fatal
diseases as a result of such exposure. In order to protect the health and
welfare of all citizens, including workers in their places of employment, it is
necessary to prohibit smoking in public places and workplaces.
Sec. 2. RCW
70.160.020 and 1985 c 236 s 2 are each amended to read as follows:
As used in
this chapter, the following terms have the meanings indicated unless the context
clearly indicates otherwise.
(1) "Smoke" or "smoking" means the carrying or
smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted
smoking equipment.
(2) "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 6 of this act, 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,
((and reception areas)) 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.
(3) (("Restaurant" means
any building, structure, or area used, maintained, or advertised as, or held out
to the public to be, an enclosure where meals are made available to be consumed
on the premises, for consideration of payment.)) "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 6 of this
act, 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.
Sec. 3. RCW 70.160.030 and 1985 c 236 s 3 are each amended to read as follows:
No person may smoke in a public place ((except in designated smoking areas)) or in any place of employment.
Sec. 4. RCW 70.160.050 and 1985 c 236 s 5 are each amended to read as follows:
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 ((make
every reasonable effort to)) 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. ((The boundary between a nonsmoking area and a smoking permitted
area shall be clearly designated so that persons may differentiate
between the two areas.))
Sec. 5. RCW 70.160.070 and 1985 c 236 s 7 are each amended to read as follows:
(1) Any person intentionally violating this chapter by smoking in a
public place ((not designated as a smoking area)) 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 ((70.160.040 or)) 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 ((70.160.040 or)) 70.160.050, to correct a violation, and to
assess and recover a civil penalty for the violation.
NEW SECTION. Sec. 6. A new section is added to chapter 70.160 RCW to
read as follows:
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.
NEW SECTION. Sec. 7. The following acts or parts of acts are each
repealed:
(1) RCW 70.160.010 (Legislative intent) and 1985 c 236 s 1;
(2) RCW 70.160.040 (Designation of smoking areas in public
places--Exceptions--Restaurant smoking areas--Entire facility or area
may be designated as nonsmoking) and 1985 c 236 s 4; and
(3) RCW 70.160.900 (Short title--1985 c 236) and 1985 c 236 s 10.
NEW SECTION. Sec. 8. CAPTIONS NOT LAW. Captions used in this act
are not any part of the law.
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