If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not effect the other provisions of this chapter which can be given effect without the invalid provision or application; and to this end the provisions of this chapter are declared to be severable.

§ 90114. Prohibition of Smoking in a Vehicle When a Child is
Present.

(a) Smoking is prohibited in a motor vehicle if a child who is seventeen (17) years of age or younger or a pregnant woman is present in the vehicle, regardless of whether the vehicle is moving or stationary.

(b) A person who is in violation of Subsection (a) shall, upon conviction thereof, be subject to a maximum fine of One Hundred Dollars ($100.00) for a first offense. Alternatively, the offender may plead guilty to the offense and remit a fine of One Hundred Dollars ($100.00).

(c) A person who is in violation of Subsection (a) shall, upon conviction thereof, be subject to a fine of no less than One Hundred Dollars ($100.00) and no more than Two Hundred Dollars ($200.00) for a second offense. The fine shall not be suspended by the court for second or subsequent offenses. Alternatively, the offender may plead guilty to the offense and remit a fine of Two Hundred Dollars ($200.00).

(d) A person who is in violation of Subsection (a) shall, upon conviction thereof, be subject to a fine of no less than Two Hundred Dollars ($200.00) and no more than Five Hundred Dollars ($500.00) for a third offense, and for each additional violation thereafter. Alternatively, the offender may plead guilty to the offense and remit a fine of Five Hundred Dollars ($500.00).

(e) Enforcement of this Section by a local law enforcement officer

shall be conducted whenever a violation is witnessed.

(f) Three (3) or more violations of this Section may be used as a basis for or evidence of child abuse or neglect.

(g) All fines paid, upon a conviction pursuant to a violation of this
§ 90114, shall be deposited in the Guam Cancer Trust Fund (P.L. 30-80, codified in Title 11, Chapter 26, Guam Code Annotated, as amended), and shall be expended pursuant to applicable law and regulations pertaining to the Fund.

SOURCE: Added by P.L. 31-102:2 (Sept. 30, 2011), amended by P.L. 33-121:9 (Feb. 4, 2016).

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