§ 23-28.15-23 - Smoking prohibited.
SECTION 23-28.15-23
§ 23-28.15-23 Smoking prohibited. –(a) No person shall smoke, chew, or otherwise use tobacco products in thebuildings or outdoor play areas of a licensed child day care center, as definedin § 23-28.1-5(21), or in any vehicle used by the center for transportingchildren or in outside areas on the grounds or premises within twenty-five (25)feet of buildings or outdoor play areas; provided, further, that smoking shallnot occur in any area on the gounds or premises within the children's view. Theadministrator of a child day care center shall post in a conspicuous place inthe center a notice stating that smoking is prohibited in the facility and itsvehicles and on its grounds.
(b) No person shall smoke, chew, or otherwise use tobaccoproducts within the household or outdoor play areas of a family day care homeas defined in § 23-28.1-5(33) or a group family day care home as definedin § 23-28.15-1.2 or in ouside areas on the grounds or premises withintwenty-five (25) feet of the home or outdoor play areas; nor shall smokingoccur in any area on the grounds or premises within the children's view, duringthe period of time when individuals receiving day care services are present.Smoking may be permitted during hours in which individuals receiving day careare not present; provided, however, that the day care provider shall notify theparent, custodian, or guardian of each individual receiving day care servicesthat smoking routinely occurs in the home during hours when the home is not inoperation.
(c) For purposes of this section, "tobacco product usage"means the smoking or use of any substance or item which contains tobacco,including but not limited to cigarettes, cigars, pipes, or other smokingtobacco, or the use of snuff or smokeless tobacco, or having in one'spossession a lit cigarette, cigar, pipe, or other publicly visable substance oritem containing tobacco.
(d) Nothing in this section shall be construed to prohibit acity or town from enacting or enforcing an ordinance relating to tobacco use ina facility providing day care services if the ordinance is more stringent thanthis section.