(A) Applicable law enforcement agencies, fire departments, the Green River District Health Department, and any other person designated by the County Fiscal Court shall have the authority to enforce this subchapter.
(B) Notice of the provisions of this subchapter shall be given to all applicants for a business license in the City of Owensboro and the county.
(C) Any citizen who desires to register a complaint under this subchapter may initiate enforcement with any of the authorized persons listed above.
(D) The Health Department, Fire Department, or their designees, while in an establishment performing otherwise legal inspections, shall inspect for compliance with this subchapter.
(E) Owners, managers, or operators of establishments regulated by this subchapter shall inform the person seen violating this subchapter of the requirements of this subchapter. In the event an owner, manager, or operator of an establishment regulated by this subchapter observes a person violating this subchapter, he or she shall direct the person in violation to extinguish the smoking material.
(1) In the event the person violating this subchapter complies with this directive, no violation shall exist for the owner, manager, or operator. In the event an owner, manager, or operator of an establishment regulated by this subchapter observes a person violating this subchapter and fails to immediately direct the person in violation to extinguish the item being smoked, the owner, manager, or operator failing to take appropriate steps required by this subchapter shall be in violation of this subchapter.
(2) In the event the person violating this subchapter fails or refuses to comply with this directive, the owner, manager, or operator directing the person violating this subchapter shall take immediate and reasonable steps to obtain the removal of the person from the premises.
(3) In the event all duties required under this section are satisfied yet the person violating this subchapter persists in his or her violation, and/or refuses to vacate the premises on which the violation occurred, the owner, manager, or operator shall immediately contact one or more of the agencies or departments authorized above to enforce this subchapter informing the agency or department of the circumstances of the violation.
(4) Notwithstanding any other provision of this subchapter, any person aggrieved by a failure to comply with this subchapter, including violations on the part of an owner, operator, or manager in control of a public place covered by this subchapter, may bring legal action to enforce this subchapter, either by civil action seeking injunctive relief or by criminal complaint in a court of competent jurisdiction.
(Ord. KOC 450.1 (2005), passed 12-15-2005)