Any person who violates any provision of this subchapter, other than § 8 of D.C. Law 3-22, by:

1. (1) Smoking or using tobacco products in a posted "No Smoking" or "No Use of Tobacco Products" area or defacing or removing a "No Smoking" or "'No Use of Tobacco Products" sign, or failing to post warning signs as set forth in § 7-1704(a) and (a-3) shall be assessed a civil fine of no less than $10 nor more than $50 for the 1st violation; and no less than $50 nor more than $100 for each 2nd or subsequent violation; or
2. (2) Obscuring, removing, defacing, mutilating, or destroying a sign posted in accordance with the provisions of this subchapter shall be assessed a civil fine of no more than $300; or
3. (3) Failing to post or cause to be posted "No Smoking" or "No Use of Tobacco Products" signs and by failing to warn a smoker or user of tobacco products observed to be smoking or using tobacco products in violation of this subchapter to stop doing so, as required by this subchapter, shall be assessed a civil fine of no more than $300. Each and every day that the violation continues shall constitute a separate violation, and the civil penalties provided for in this paragraph shall be applicable to each separate offense; provided, that such civil penalties shall not be levied against an employee or officer of a branch, agency, or instrumentality of the District government.

Editor's Notes

Section 4 of D.C. Law 20-48 was repealed by D.C. Law 20-155, § 7007.

Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 was repealed by § 7007 of emergency D.C. Act 20-377, effective July 14, 2014, and by § 7007 of emergency D.C. Act 20-449, effective Oct. 10, 2014.

Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

History

Sept. 28, 1979, D.C. Law 3-22, § 7, 26 DCR 390

Oct. 5, 1985, D.C. Law 6-42, § 411, 32 DCR 4450

Mar. 29, 1988, D.C. Law 7-100, § 2(g), 35 DCR 1182

May 2, 1991, D.C. Law 8-262, § 2(d), 37 DCR 8434

Dec. 13, 2013, D.C. Law 20-48, § 2(d), 60 DCR 15145

Feb. 18, 2017, D.C. Law 21-194, § 2(g)

Delegation of Authority

Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor’s Order 90-192, December 13, 1990.

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Effect of Amendments

The 2013 amendment by D.C. Law 20-48 added “Civil” in the section heading; and rewrote the section.

Prior Codifications

1973 Ed., § 6-826.

1981 Ed., § 6-916.