Bill No.                33-12                        

Concerning: Health and Sanitation – Smoking – County Property

Revised:    10/17/2012       Draft No. 1  

Introduced:      November 27, 2012        

Enacted:         February 12, 2013          

Executive:       February 25, 2013          

Effective:        May 27, 2013                 

Sunset Date:  None                             

Ch.   5      , Laws of Mont. Co.    2013    


County Council

For Montgomery County, Maryland


By: Councilmembers Floreen, Navarro, Rice, Riemer, Leventhal, Elrich, and Andrews


AN ACT to:

(1)               prohibit smoking on property owned or leased by the County; and

(2)               generally amend County law on smoking.


By amending

            Montgomery County Code

            Chapter 24, Health and Sanitation

            Section 24-9



Boldface                                             Heading or defined term.

Underlining                                          Added to existing law by original bill.

[Single boldface brackets]                  Deleted from existing law by original bill.

Double underlining                              Added by amendment.

[[Double boldface brackets]]              Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.








The County Council for Montgomery County, Maryland approves the following Act:

Sec. 1.  Section 24-9 is amended as follows

24-9. Smoking in public places.

(a)     Definitions.  In this Section, the following words and phrases have the meanings indicated:

            *          *          *

Bus stop means a location that has been designated by a pole and appropriate signage as a place where passengers board or alight a bus.

Bus stop area means a rectangular area surrounding a bus stop pole which extends 25 feet along the curb on each side of the pole and 15 feet from the curb.

[[(1)]] Eating and drinking establishment[[: An]] means an establishment regulated under Chapter 15.

[[(2)]] Enclosed[[: Separated]] means separated by walls that extend from floor to ceiling and under a roof.

[[(3)]] Health care facility[[: Any]] means any office or institution where individual care or treatment of physical, mental, or emotional illness, or any other medical, physiological, or psychological condition is provided.  Health care facility includes any hospital, clinic, nursing home for the aging or chronically ill, laboratory, or office of any physician, dentist, psychologist, psychiatrist, physiologist, podiatrist, optometrist or optician.

[[(4)]] Person[[: Any]] means any individual, firm, partnership, association, corporation, company, or organization of any kind.

[[(5)]] Public place[[: An]] means an enclosed area in which members of the public are normally invited or permitted.

[[(6)]] Public meeting[[: Any]] means any meeting wherever held, open to the public with no membership requirement.

[[(7)]] Rail transit station[[: An]] means an area that:

                             [[(A)]] (1) Includes the fare-paid and roofed areas;

[[(B)]] (2) is a regular stopping place for the pickup and discharge of passengers in regular route service, contract service, or special or community type service; and

[[(C)]] (3) Is owned, operated, or controlled by the Washington Metropolitan Area Transit Authority.

[[(8)]] Retail store[[: Any]] means any establishment whose primary purpose is to sell merchandise or food for consumption off the premises, directly to consumers.

[[(9)]] Smoking[[: The]] means the act of lighting, smoking, or carrying a lighted or smoldering cigar, cigarette, or pipe, of any kind.

[[(10)]] Tobacco shop[[: Any]] means any store that primarily sells tobacco, tobacco products and pipes or other implements used to smoke tobacco.  “Tobacco shop” does not include an area of a larger store in which tobacco is sold.

[[(11)]] Workplace[[: An]] means an enclosed area or any part of an enclosed area used in the performance of employment or related activities.  Workplace includes a motor vehicle owned or leased by the employer, conference room, auditorium, library, office machine station, lunchroom, vending area, locker room, lounge, hallway, or stairwell.

(b)     Smoking prohibited in certain public places.  A person must not smoke in or on any:

            *          *          *

          (9)     Restroom, except a restroom in a private residence; [or]

          (10)   Enclosed auditorium, concert or lecture hall[.]; or

(11)   property that is owned or leased by the County, [[except]] including a bus shelter or bus stop area, but excluding any other part of a County right-of-way.

(c)      Exceptions.  Smoking is not prohibited by this Section:

            *          *          *

          (5)     In up to 40% of the sleeping rooms in a hotel or motel; [[and]]

(6)     In up to 40% of the premises of a fraternal, religious, patriotic, or charitable organization or corporation or fire company or rescue squad during an event that the organization or corporation holds on its own property and which is open to the public[[.]];

(7)     In the bar and dining area of an eating and drinking establishment that:

                   (A)    is a club as defined in the state alcoholic beverages law:

(B)     has an alcoholic beverages license issued to private clubs under the state alcoholic beverages law; and

(C)     allows consumption of alcoholic beverages on its premises[[.]];

(8)     In any occupied residential unit owned or leased by the County for as long as the occupant on [effective date] retains possession of the unit;

                   (9)     On a golf course; and

(10)   In an area designated by the Director of the Department of Health and Human Services under subsection (d).

(d)     Notwithstanding paragraph (b)(11), the Director of the Department of Health and Human services may designate an outside area on property that is owned or leased by the County where smoking is allowed if the Director finds that a complete prohibition on that property would impede a program’s mission or effective delivery of services.

[[(d)]] (e)     Posting signs.

(1)     [[Signs]] Except as provided in paragraph (e)(4), signs prohibiting or permitting smoking, as the case may be, must be posted conspicuously at each entrance to a public place covered by this Section.

            *          *          *

(4)     The Director of Health and Human Services may waive the requirement of paragraph (e)(1) on County property, or require a sign to be posted in another location, if the Director finds, after consulting with the Director of General Services, that posting a sign at an entrance is not feasible.

[[(e)]] (f)                                   *          *          *

[[(f)]] (g)                                  *          *          *

[[(g)]] (h)                                  *          *          *

[[(h)]] (i)                                  *          *          *

[[(i)]] (j)                                   *          *          *

          [(j)] (k)                                     *          *          *