Navigation Top
AGO Logo Graphic
AGO Header Image
File a Complaint
Contact the AGO
AGO Opinions with Topic: ENFORCEMENT OF REGULATIONS RESTRICTING SMOKING IN PUBLIC PLACES
AGO 1979 No. 20 >  November 29, 1979
OFFICES AND OFFICERS - HEALTH - CRIMES - ENFORCEMENT OF REGULATIONS RESTRICTING SMOKING IN PUBLIC PLACES
OFFICES AND OFFICERS ‑- HEALTH ‑- CRIMES ‑- ENFORCEMENT OF REGULATIONS RESTRICTING SMOKING IN PUBLIC PLACES (1) RCW 43.20.050 does not require all state, county, city or township officers or employees to "enforce" the provisions of chapter 248-152 WAC restricting smoking in public places or be subject to criminal penalties for their failure to do so; instead, that statute only applies to those particular officers or employees who, by virtue of their offices or positions, are possessed of the legal authority to take some form of legal action against alleged violators of the regulations.(2) Although RCW 43.20.170 authorizes the director of Social and Health Services to utilize any of the special proceedings provided for in Title 7 RCW in enforcing State Board of Health regulations, except for a suit for injunctive relief under chapter 7.40 RCW, most of those special proceedings have little or no utility in that connection.
Content Bottom Graphic
AGO Logo