In May 2015, Tempe became the first city in Arizona to pass an ordinance banning smoking in vehicles with children present. The law imposes fines starting at $50 for the first offense and $100 for subsequent violations if a driver is caught smoking with a minor in the car.
The ordinance applies to all types of smoking, including traditional cigarettes and e-cigarettes. While the practice is now outlawed in Tempe, police can only issue a ticket if drivers are stopped for another infraction, such as speeding or running a red light, and have a lit cigarette with a minor in the vehicle. Officers can cite drivers for each child in the car.
Smoke-Free Arizona Act
At the state level, Arizona passed the Smoke-Free Arizona Act in 2006, which prohibits smoking in most enclosed public places and places of employment. However, the act does not specifically address smoking in private vehicles.
The law states that smoking is prohibited in “vehicles owned by the employer and operated during working hours if the vehicle is occupied by more than one person”. But it does not extend this restriction to private vehicles with children.
Enforcement and Penalties
While Tempe’s ordinance allows police to issue tickets for smoking with kids in cars, the Smoke-Free Arizona Act relies on the public to report violations. Complaints about violations of the state law are investigated by county health departments.
If a violation is found, the business owner will receive a warning notice and is subject to fines between $100 to $500 per violation per day or up to $5,000 per violation per day if a Superior Court determines there is a pattern of noncompliance. An individual who smokes where prohibited is guilty of a petty offense and may be fined between $50 to $300.
Conclusion
As of 2015, Tempe is the only city in Arizona that has passed a law banning smoking in vehicles with children present. The state’s Smoke-Free Arizona Act prohibits smoking in most public places and workplaces, but does not specifically address private vehicles.
While the health risks of secondhand smoke exposure for children are well-documented, the legality of enforcing smoking restrictions in private vehicles remains a complex issue. As more cities and states consider passing such laws, the debate over individual rights, public health, and the role of government is likely to continue.