(A) The city requests the assistance of the Northern Kentucky Independent District Health Department (NKY Health) to enforce this chapter, or an authorized designee. The city will enter into an interlocal agreement with NKY Health that establishes enforcement parameters in the event NKY Health agrees to assist with enforcement of this chapter. Nothing herein shall be construed to prevent any peace officer with jurisdiction from issuing a citation for violation of this chapter committed in his or her presence.
(B) Notice of the provisions of this chapter shall be given by the city to all applicants for a business license in the city.
(C) Any person who desires to register a complaint under this chapter may do so by contacting NKY Health by telephone or other identified methods.
(D) NKY Health or its designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this chapter.
(E) An owner, manager, or operator, or an employee if an owner, manager, or operator is not available, of an area regulated by this chapter shall direct a person who is smoking in violation of this chapter to extinguish or turn off the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency.
(F) Notwithstanding any other provision of this chapter, an employee or private party may bring legal action to enforce this chapter.
(G) In addition to the remedies provided by the provisions of this section, NKY Health or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this chapter may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
(H) Any person or business aggrieved by enforcement action related to this chapter may appeal that action to a court of competent jurisdiction.
(Ord. 2022-21, passed 9-6-22) Penalty, see § 117.99