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 15.04.070
 

Title 15 Environmental Stewardship

Chapter 15.04 Smoking in Public Places

Section 15.04.070 Smoking Prohibited Within Twenty-five Feet of Public Places or Places of Employment – Application to Modify Presumptively Reasonable Minimum 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 Spokane Regional Health District. 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. A variance issued by the Spokane Regional Health District shall be recognized by the City for purposes of the City’s enforcement of applicable provisions of chapter 60.170 RCW.

Date Passed: Monday, April 29, 2013

Effective Date: Monday, April 29, 2013

ORD C34980 Section 1