Sec. 18.35.331. Conflicts with local requirements.
Nothing in AS 18.35.301 – 18.35.399 prohibits a municipality from adopting an ordinance imposing additional (1) limitations on smoking; (2) duties on employers, owners, operators, and other persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to smoking; or (3) limitations on smoking in an outdoor area at a municipal park […]
Sec. 18.35.340. Civil complaints; penalties.
(a) The commissioner shall develop and maintain a procedure for processing reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326. (b) If, after investigating a report made under this section, the commissioner determines that a violation has occurred, (1) the commissioner may file a civil complaint in the district court to enforce the provisions […]
Sec. 18.35.341. Citations; penalty.
(a) A peace officer may issue a citation for a violation of AS 18.35.301, 18.35.311, or 18.35.326 committed in the officer’s presence or for a violation of AS 18.35.306. The provisions of AS 12.25.175 – 12.25.230 apply to the issuance of a citation under this subsection. (b) An employee of the department designated by the […]
Sec. 18.35.342. Multiple fines prohibited.
A person may not be fined more than once for each violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326.
Sec. 18.35.343. Injunctions.
The commissioner or any affected party may institute an action in the superior court to enjoin repeated violations of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326.
Sec. 18.35.350. Enforcement authority.
The commissioner or the commissioner’s designee is responsible for enforcing the provisions of AS 18.35.301 – 18.35.399. This section does not limit the authority of peace officers.
Sec. 18.35.357. Municipal regulation.
A municipality may, by ordinance ratified by voters in a regular municipal election, exempt the municipality from the provisions of AS 18.35.301 – 18.35.350. Unless the municipality has adopted an ordinance banning smoking in certain public places, if a municipality exempts itself from the provisions of AS 18.35.301 – 18.35.350, former AS 18.35.300 – 18.35.365 […]
Sec. 18.35.359. Local option election by an established village.
(a) If a majority of the voters voting on the question vote to approve the option, AS 18.35.301 – 18.35.350 do not apply within the boundaries of the established village and former AS 18.35.300 – 18.35.365 apply in the village as those statutes provided on September 30, 2018. (b) A ballot question to adopt a […]
Sec. 18.35.399. Definitions.
In AS 18.35.301 – 18.35.399, (1) “business” means a for-profit or nonprofit sole proprietorship, partnership, joint venture, corporation, professional corporation, private club, retail seller of goods or services, or other business entity; (2) “commissioner” means the commissioner of health or the commissioner’s designee; (3) “department” means the Department of Health; (4) “e-cigarette” means any product […]
Sec. 18.35.301. Prohibition of smoking.
(a) An individual may not smoke in an enclosed area in a public place, including an enclosed area (1) at an entertainment venue or a sports arena; (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for public transportation; (3) at a public transit depot, bus shelter, airport terminal, […]