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A. Smoking Where Prohibited: A person who smokes in any public place where smoking is prohibited by the provisions of this chapter shall be guilty of an infraction, subject to the penalty prescribed by the Idaho Infraction Rules for Smoking in violation of the Idaho Indoor Clean Air Act.
B. Observance Of Violator: An employer, owner, manager, operator or employee of an establishment regulated by this chapter, who observes a person smoking in apparent violation of this chapter shall ask the person to extinguish all lighted smoking products. If the person persists in violating this chapter, the employer, person in charge, agent or employee shall ask the person to leave the premises. Any person who refuses to either extinguish all lighted smoking products or leave the premises is guilty of an infraction and is subject to the penalty prescribed by the Idaho Infraction Rules for Smoking in violation of the Idaho Indoor Clean Air Act. Any violation may be reported to a law enforcement officer.
C. Permitting Smoking Where Prohibited: No employer or other person in charge of a public place or publicly owned building or office shall knowingly or intentionally permit smoking in violation of this chapter. Any employer or other person in charge of a public place or publicly owned building or office who violates the provisions of this section is guilty of a separate act of permitting smoking where smoking is prohibited, each of which is an infraction, subject to the penalty prescribed by the Idaho Infraction Rules for Smoking in violation of the Idaho Indoor Clean Air Act. (1952 Code § 6-23-13; amd. 2019 Code)
D. Discrimination Against Complaining Employee: Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department of Health and Welfare or the Department of Labor pursuant to this section shall be subject to a civil penalty of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00) for each violation.
E. Public Nuisance Declared: Violation of this chapter is hereby declared to be a public nuisance, which may be abated by the City by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City may take action to recover attorney fees and/or costs of the nuisance abatement. (1952 Code § 6-23-13)