Title 40. Public Health and Safety

Chapter 5-F. Health Provisions: Public Health

Subchapter C. Smoking

Part I. Louisiana Smokefree Air Act

Subpart C. Penalties and Rules and Regulations

40:1291.22        Enforcement; penalties

A. (1) Any violation of any prohibition in R.S. 40:1291.11(A) may be cited by any law enforcement officer by the issuance of a citation and summons to appear before a court of proper jurisdiction.

(2) Such citations shall be in a form such that there shall be retained in each book of citations a receipt and each shall have a copy to be deposited by the law enforcement officer with a court having jurisdiction over the alleged offense.

(3) Upon the deposit of the copy, the court shall notify the alleged violator of the time and place of his hearing or of his opportunity to plead guilty by the payment of his specified fine. Failure to appear, unless the fine is paid, may be punished within the discretion of the court as contempt of court.

B. (1)(a) Any person who is guilty of a violation of the prohibition in R.S. 40:1291.11(A)(1), (2), (3), and (4) shall, upon a first offense, be fined twenty-five dollars.

(b) Any person who is guilty of violating such prohibition a second time shall be fined fifty dollars.

(c) Any person who is guilty of violating such prohibition a third or subsequent time shall be fined one hundred dollars.

(2)(a) Any employer who is guilty of a violation of the prohibition in R.S. 40:1291.11(A)(5) shall, upon a first offense, be fined one hundred dollars.

(b) Any employer who is guilty of violating such prohibition a second time shall be fined two hundred fifty dollars.

(c) Any employer who is guilty of violating such prohibition a third or subsequent time shall be fined five hundred dollars.

Redesignated from R.S. 40:1300.262 by H.C.R. No. 84 of the 2015 Regular Session. Added by Acts 2006, No. 815, § 1, eff. Jan. 1, 2007. Amended by Acts 2014, No. 546, § 1, eff. Jan. 1, 2015.