I am being fined 250.00 dollars for someone smoking in a Hotel in Iowa. Is that right?
Full Question:
I am being fined 250.00 dollars for someone smoking in a non smoking room at a motel the room is in my name. I was told the civil penalty does not apply for motels is this true? The civil penalty in Iowa for first offense is $100.
11/01/2016 |
Category: Smoking |
State: Iowa |
#26034
Answer:
The exception related to hotels provides the following.
"Notwithstanding any provision of this chapter to the contrary, the following areas are exempt from the prohibitions of section 142D.3:
1. ...........
2. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty percent of the rooms of a hotel or motel rented to guests are designated as smoking rooms, all smoking rooms on the same floor are contiguous, and smoke from smoking rooms does not infiltrate into areas in which smoking is otherwise prohibited under this chapter. The status of smoking and nonsmoking rooms shall not be changed, except to provide additional nonsmoking rooms."
Therefore it seems that there is no exception if the room was non-smoking.
CIVIL PENALTIES UNDER NO SMOKING LAW OF IOWA.
1. A person who smokes in an area where smoking is prohibited pursuant to this chapter shall pay a civil penalty pursuant to section 805.8C, subsection 3, paragraph "a", for each violation.
2. A person who owns, operates, manages, or otherwise has custody or control of a public place, place of employment, area declared a nonsmoking place pursuant to section 142D.5, or outdoor area regulated under this chapter and who fails to comply with this chapter shall pay a civil penalty as follows:
a. For a first violation, a monetary penalty not to exceed one hundred dollars.
b. For a second violation within one year, a monetary penalty not to exceed two hundred dollars.
c. For each violation in excess of a second violation within one year, a monetary penalty not to exceed five hundred dollars each additional violation. ..............................