Last updated: July 20, 2022
Enforcement Authorities
Inspectors
The mayor of each local authority is authorized to appoint employees of the local authority as “inspectors.” There is no duty to enforce placed on inspectors. Inspectors have both investigative and enforcement authorities, including the authority to fine violators. Inspectors may enter any public place at a reasonable time to determine compliance with the law. Prior to entering a hospital, clinic, public library, educational institution, or elevator, the inspector must notify the occupant or an employee of the public place of his/her intention to enter.
Inspectors also have the authority to approach a person who is smoking in violation of the law, ask for identification, and, if he/she refuses to identify himself/herself, detain that person until the police arrive, but not for more than one hour.
The law should impose a duty to enforce on one or more specified authorities.
Local police officers
Police officers, like inspectors, have the authority to enter any public place at a reasonable time to determine compliance with the law. Prior to entering a hospital, clinic, public library, educational institution, or elevator, the officer must notify the occupant or an employee of the public place of his/her intention to enter.
Ushers
The owner or occupant of a public place where smoking is prohibited or restricted may appoint an “usher” to help enforce the law in that place. Ushers may approach a person who is smoking in violation of the law, ask for identification, and, if he/she refuses to identify himself/herself, detain that person until the police arrive, but not for more than one hour.
Wardens
Hospital directors may appoint a volunteer “warden” (or “smoking prevention trustee”) to help enforce the law in hospitals, clinics, and their premises. Wardens may approach smokers and inform them of the law and direct them to places outside where they can smoke, but may not fine smokers who are in violation of the law.
Driver of a vehicle in which smoking is prohibited
The driver of a vehicle in which smoking is permitted may forbid a person who is smoking or holding a lit tobacco product from entering the vehicle. If a person already in the vehicle begins to smoke or holds a lit tobacco product, the driver of the vehicle may ask for identification and, if he/she refuses to identify himself/herself, detain that person until the police arrive, but not for more than one hour. Alternatively, the driver may drive the vehicle to the nearest police station.