Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 249 - SMOKING IN PUBLIC PLACES RULE
Section 144-249-6 - ENFORCEMENT AND VIOLATIONS
Current through 2024-38, September 18, 2024
A. Any violation of 22 M.R.S. §§1541 - 1547 and/or this rule is a civil violation. Each day any person is found smoking in a public place, or the owner fails to post or supervise the implementation of a smoke-free public place, shall constitute a separate offense. For the purposes of this rule, the following fine amounts may be assessed for the following violations:
B. Citations for violations of 22 M.R.S. §§1541 - 1547 or this rule shall be processed in accordance with Rule 80H of the Maine Rules of Civil Procedure. In accordance with that rule, citations shall be filled out and served upon any person who has allegedly violated 22 M.R.S. §§1541 - 1547 or this rule, by either a representative of the Maine Center for Disease Control and Prevention and any other officer also authorized to enforce said statute or rule.
C. Enforcement actions for violations may be brought against any person smoking in a public place, the owner of a public place, or both.
D. The Attorney General may bring an action to enforce 22 M.R.S. §§1541 - 1547 or this rule in District Court or Superior Court and may seek injunctive relief, including a preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or restrain actions in violation of 22 M.R.S. §§1541 - 1547 or this rule by a person or any person controlling such person.
