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The owner, operator, manager, or other person in control of a place of employment or public place city facilities or property, or residential facility where smoking is prohibited by this chapter shall:
(A) Clearly and conspicuously post “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in that place.
(B) Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited or, in the case of outdoor places, clearly and conspicuously post “No Smoking” signs in a location visible to all employees, visitors, and patrons.
(C) Remove all ashtrays from any area where smoking is prohibited by this chapter, except for ashtrays displayed for sale and not for use on the premises.
(Ord. 2022-21, passed 9-6-22) Penalty, see § 117.99
(A) No person or employer shall discharge, refuse to hire, fail to promote, eject, or in any other manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this chapter or reports or participates in the investigation or prosecution of a violation of this chapter. Notwithstanding § 117.15, violation of this division (A) shall be a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) for each violation. Nothing in this division (A) should be construed to waive or otherwise surrender any other legal right or remedy available to the employee, apphcant for employment, customer, or resident.
(B) An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
(Ord. 2022-21, passed 9-6-22)
(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
The city will provide education and related materials on this chapter to businesses and the public. NKY Health may assist in the education and guidance to individuals, owners, operators, and managers on the purposes and requirements of this chapter and their compliance with it. The education may include publication of a brochure for affected businesses and individuals explaining the provisions of this chapter.
(Ord. 2022-21, passed 9-6-22)
(A) A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50.00).
(B) Except as otherwise provided in § 117.13, a person who owns, manages, operates, or otherwise controls a pubhc place or place of employment and who knowingly fails to comply with the provisions of this chapter shall be guilty of an infraction, punishable by:
(1) A warning that the person is not in compliance with the law, for an initial violation.
(2) A fine not exceeding one hundred dollars ($100.00), for a second violation within one (1) year.
(3) A fine not exceeding two hundred fifty dollars ($250.00), for each additional violation within one (1) year.
(C) All fines collected are payable to NKY Health for reimbursement of services provided for enforcement of this chapter.
(D) In addition to the fines established by this section, violation of this chapter by a person who owns, manages, operates, or otherwise controls a pubhc place or place of employment may result in the suspension or revocation of any permit or license issued by the city to the person for the premises on which the violation occurred.
(E) Each day on which a violation of this chapter occurs shall be considered a separate and distinct offense.
(Ord. 2022-21, passed 9-6-22)