City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 15
Chapter 15.04
Section 15.04.060
 

Title 15 Environmental Stewardship

Chapter 15.04 Smoking in Public Places

Section 15.04.060 Intentional Violation of Chapter – Removing, Defacing or Destroying Required Sign – Fine – Notice of Infraction – Exceptions
  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 class three civil infraction.
  1. 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.
  1. 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:
    1. 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
    1. 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.
    1. The form for the notice of infraction for a violation of this subsection shall be prescribed by rule of the Supreme Court.
  1. When violations of SMC 15.04.040 occur, a warning shall first be given to the owner or other person in charge. Any subsequent violation is subject to a class three civil infraction by a law enforcement officer. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation.
  1. In addition to any civil infraction issued under SMC 15.04.060(D), the Spokane Regional Health District, as provided in RCW 70.160.070, may enforce SMC 15.04.040 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
    1. Calling upon the city attorney or the Spokane county prosecutor or the Spokane Regional Health District attorney to maintain an action for an injunction to enforce SMC 15.04.040 to correct a violation and to assess and recover a civil penalty for the violation. Attorney fees shall be awarded to the City, County or Health District for the cost associated with maintaining an action for an injunction.

Date Passed: Monday, April 29, 2013

Effective Date: Monday, April 29, 2013

ORD C34980 Section 1