39-5501. LEGISLATIVE FINDINGS AND INTENT. (1) Public health officials have concluded that secondhand tobacco smoke causes disease, including lung cancer and heart disease, in nonsmoking adults, as well as causes serious conditions in children such as asthma, respiratory infections, middle ear infections, and sudden infant death syndrome. In addition, public health officials have concluded that […]
39-5502. DEFINITIONS. As used in this chapter: (1) "Auditorium" means a public building where an audience sits and any corridors, hallways or lobbies adjacent thereto. (2) "Bar" means any indoor area open to the public operated primarily for the sale and service of alcoholic beverages for on-premises consumption and where: (a) the service of food […]
39-5503. PROHIBITIONS — EXCEPTIONS. (1) No person shall smoke in a public place, publicly-owned building or office, or at a public meeting, except in the following which may contain smoking areas or be designated as smoking areas in their entirety: (a) Bars; (b) Retail businesses primarily engaged in the sale of tobacco or tobacco products; […]
39-5505. SMOKING IN ELEVATORS PROHIBITED. Notwithstanding any other provision of this chapter or any other statute, or county or city ordinance, no person shall smoke in any elevator generally accessible to the public. Signs indicating that smoking is prohibited shall be conspicuously posted in each elevator and at each entrance to an elevator car or […]
39-5506. RESPONSIBILITIES OF EMPLOYERS. (1) No employer or other person in charge of a public place or publicly-owned building or office shall knowingly or intentionally permit the smoking of tobacco products in violation of this chapter. (2) Any employer or other person in charge of a public place or publicly-owned building or office who knowingly […]
39-5507. VIOLATIONS. An employer, or other person in charge of a public place or publicly owned building, or the agent or employee of such person, who observes a person smoking in apparent violation of this chapter shall ask the person to extinguish all lighted tobacco products. If the person persists in violating this chapter, the […]
39-5508. RULES AND REGULATIONS. The director of the Idaho department of health and welfare shall adopt rules and regulations necessary, reasonable and consistent with the intent of this chapter to implement the provisions of this chapter. The director may, upon request, waive the provisions of said rules and regulations if it is determined that there […]
39-5509. OTHER STATUTES NOT AFFECTED. The provisions of this chapter shall not be deemed to amend, modify or repeal sections 18-5904, 18-5905 and 18-5906, Idaho Code, relating to no smoking during public meetings. History: [39-5509, added 1985, ch. 60, sec. 1, p. 121.]
39-5510. SMOKING ON BUSES. (1) Smoking of tobacco or other products in or upon any bus, except a charter bus, is a violation of the provisions of this chapter, and any person smoking tobacco or other products on a bus, except a charter bus shall be guilty of an infraction and shall be punished as […]
39-5511. LOCAL PROVISIONS. Nothing in this chapter shall be interpreted to prevent local, county or municipal governments from adopting ordinances or regulations more restrictive than the provisions contained herein. History: [39-5511, added 2004, ch. 389, sec. 7, p. 1170.]
