Smokefree DC is a citizen-based group whose goal is to promote smokefree environments in Washington, DC.

Phil Mendelson's amendments to smokefree parks bill

_____________________________

Chairman Phil Mendelson

 

 

 

 

AN AMENDMENT (No. 1)

Bill 20-95, “Smoking Restriction Amendment Act of 2013”

 (Engrossed Original)

October 1, 2013

 

 

 

 

 

Amendment:

 

(1)           Section 2(a)(5) (Page 2, Lines 3-4) (amending D.C. Code § 7-1702(7)) is amended to read as follows:

(5)  Paragraph (7) is amended to read as follows:

“(7) “Smoking” or “to smoke” means:

“(A)  The act of puffing, having in one’s possession, holding or carrying a lighted or smoldering tobacco product, including through the use of smoking equipment of any kind including a pipe, or cigarette papers or tubes; or

“(B)  The lighting of a tobacco product, including through the use of smoking equipment of any kind including a pipe, or cigarette papers or tubes.”.                   

 

 

 

(2)           Section 2(a)(6) (Page 2, Lines 5-8) (amending D.C. Code § 7-1702(8)) is struck.

 

 

 

(3)           Section 2(b) is amended as follows:

 

(A)  Paragraph (1) (Page 2, Lines 10-11) (amending D.C. Code § 7-1703) is struck.

 

(B)  Paragraph (2) is amended as follows:

(i)             Newly inserted paragraph (9) (D.C. Code § 7-1703(9)) is amended by striking the phrase “Within 25 feet of the property line of a playground or public recreational facility” and inserting the phrase “While sitting or standing within 25 feet of the property line of a playground or public recreational facility when another person is present” in its place.

(ii)           Newly inserted paragraph (10) (D.C. Code § 7-1703(10)) is amended by striking the phrase “Within 25 feet of a posted bus stop sign located at any bus stop controlled or maintained by the District of Columbia” and inserting the phrase “While sitting or standing within 25 feet of a posted bus stop sign located at any bus stop controlled or maintained by the District of Columbia when another person is present” in its place.

(iii)

 

(4)           Section 3 (Page 3, Line 9) is amended by striking the phrase “use of tobacco in any form” and inserting the phrase “”smoking of tobacco” in its place.

 

Rationale:

 

Amendment No.’s (1) and (2) clarify that the legislation applies to the smoking or lighting of tobacco products, and does not prohibit the use of smokeless tobacco.  As amended, the bill continues to prohibit the smoking of any tobacco product that would interfere with the use and enjoyment of the locations addressed in the bill.

 

Amendment No. (3)  adds language to the prohibitions involving public recreation facilities and bus stops that an individual must be standing or sitting within the 25 foot area designated in the bill, as opposed to walking past while in public space.  The amendment also adds a requirement that at least one other individual be present.

 

Amendment No. (4) makes conforming changes to the DCMR to correspond with the above changes.

 

 

 

_____________________________

Chairman Phil Mendelson

 

 

 

 

AN AMENDMENT (No. 2)

Bill 20-95, “Smoking Restriction Amendment Act of 2013”

 (Engrossed Original)

October 1, 2013

 

 

 

 

 

Amendment:

 

A new section 2(d) is inserted to read as follows (Page 3, Lines 6) (amending D.C. Code § 7-1706):

(d)  Section 7 (D.C. Official Code § 7-1706) is amended to read as follows:

 

“Section 7.  Civil Penalties.

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

“(1) Smoking in a posted “No Smoking” area or defacing or removing a “No Smoking” sign, or failing to post warning signs as set forth in § 7-1704(a) shall be assessed a civil fine of not less than $ 10 nor more than $ 50 for the 1st violation; and not less than $ 50 nor more than $ 100 for each 2nd or subsequent violation; or

“(2) Obscuring, removing, defacing, mutilating or destroying any sign posted in accordance with the provisions of this subchapter shall be assessed a civil fine of not more than $ 300; or

“(3) Failing to post or cause to be posted or to maintain “No Smoking” signs and by failing to warn a smoker observed to be smoking in violation of this subchapter to stop smoking, as required by this subchapter, shall be assessed a civil fine of not 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 any employee or officer of any branch, agency or instrumentality of the District of Columbia government.

 

Rationale:

 

The Amendment makes the penalty for violation of the non-smoking provisions in this chapter a civil penalty.  Currently, violation of this chapter is a criminal offense.  The proposed amendment converts this to a civil fine.