Civil penalties.
Any person who violates any provision of this subchapter, other than § 8 of D.C. Law 3-22, by: 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 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 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 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 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. Section 4 of D.C. Law 20-48 was repealed by D.C. Law 20-155, § 7007. Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 was repealed by § 7007 of emergency D.C. Act 20-377, effective July 14, 2014, and by § 7007 of emergency D.C. Act 20-449, effective Oct. 10, 2014.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.
Annotations
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 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. 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). The 2013 amendment by D.C. Law 20-48 added “Civil” in the section heading; and rewrote the section. 1973 Ed., § 6-826. 1981 Ed., § 6-916.
Sourced from the DC Council Open Law Library (public domain).
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