Smoking Violation Infractions

Smoking Violation Law:

Issuing a citation for a smoking violation under either RCW 70.160.030 (person smoking in prohibited public area or place of employment) or RCW 70.160.050 (owner to post "no smoking" signs and prohibit smoking in public places and places of employment) falls under the rules adopted by the Washington Supreme Court entitled "Infraction Rules for Courts of Limited Jurisdiction," abbreviated as "IRLJ." IRLJ 2.2, Initiation of Infraction Cases, states, in relevant part:

"(a) Generally: An infraction is initiated by the issuance, service, and filing of
        a notice of infraction in accordance with this rule.

(b) Who May Issue: A notice of infraction may be issued, upon certification
       that the issuer has probable cause to believe, and does believe, that a
       person has committed an infraction contrary to law: (1) By a citing officer.
       The infraction need not have been committed in the officer's presence,
       except as provided by statute . . ." (blue emphasis added.)

No statute requires that officers personally witness the smoking violation before writing a citation. Therefore, all that is necessary for officers to write the civil infraction citation is that they have probable cause to believe that the smoking violation took place. Officers need not have personally witnessed the violation.

District Court directs that the monetary amount that officers are to put on the infraction notice for violations of both RCW 70.160.030 (person smoking in prohibited public area or place of employment) and RCW 70.160.050 (owner to post "no smoking" signs and prohibit smoking in public places and places of employment) is $205 ($100 base penalty plus $105 mandatory assessments). Under RCW 70.160.070(2), for building owners who fail to comply, each day of noncompliance with the smoking prohibitions constitutes a separate offense calling for a $205 penalty amount for each day.

People with complaints that smoking violations have taken place or are currently taking place should immediately notify the local police department where the violation has occurred or is occurring to take enforcement action. If signs prohibiting smoking aren't posted or if property owners or lessees of public places or places of employment are allowing smoking where it is prohibited contact this person: Jessica Minder, Island County Health Department Tobacco Program Coordinator. (360) 240-5554 x33