§ 7–1701. Findings and purpose.

(a) The Council of the District of Columbia finds that the inhalation of concentrated smoke resulting from the smoking of tobacco in facilities in which the public congregates is a clear danger to health and a cause of inconvenience and discomfort to persons present in such facilities.

(b) The purpose of this subchapter is to protect the public health, comfort, and environment by prohibiting smoking in certain facilities, vehicles, and restaurants open to or used by the general public and to protect children from exposure to the use of tobacco products by prohibiting their use in event sites for organized sporting events

(c) Except to the extent that § 8 of D.C. Law 3-22 modifies the Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986 [D.C. Law 6-216], this subchapter is intended to complement the provisions of Part 2 of those regulations and the provisions of §§ 35-251 to 35-254, which regulate public conduct on public passenger vehicles. It is not the intent of this subchapter to derogate in any manner from the provisions of the Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986 [D.C. Law 6-216] or from § 35-251(b)(1).

(Sept. 28, 1979, D.C. Law 3-22, § 2, 26 DCR 390; Mar. 21, 1987, D.C. Law 6-216, § 13(g), 34 DCR 1072; Mar. 29, 1988, D.C. Law 7-100, § 2(a), 35 DCR 1182; Feb. 18, 2017, D.C. Law 21-194, § 2(a), 63 DCR 15012.)

Prior Codifications

1981 Ed., § 6-911.

1973 Ed., § 6-821.

References in Text

The “Construction Codes Approval and Amendments Act of 1986,” referred to in two places in subsection (c), is D.C. Law 6-216.

Editor's Notes

Section 151 of Public Law 106-522 provided for a Federal contribution of $100,000 to the Metropolitan Police Department of the District of Columbia, effective upon the enactment by the District of Columbia of a law which banned the possession of tobacco products by minors; and provided that the Metropolitan Police Department shall use the contribution to enforce that law.

Section 130 of Pub. L. 107-96 provided for a Federal contribution of $100,000 to the Metropolitan Police Department of the District of Columbia, effective upon the enactment by the District of Columbia of a law which banned the possession of tobacco products by minors; and provided that the Metropolitan Police Department shall use the contribution to enforce that law.

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.

Delegation of authority pursuant to D.C. Law 3-22, the “District of Columbia Smoking Restrictions Act of 1979”, see Mayor’s Order 98-138, August 20, 1998 ( 45 DCR 6588).

Amended Delegation of authority pursuant to D.C. Law 3-22, the “District of Columbia Smoking Restrictions Act of 1979”, see Mayor’s Order 98-161, September 25, 1998 ( 45 DCR 7734).