(A) The city's Code Enforcement Officer, the City Police Department, the Fire Department and all other city officials and employees designated by the Mayor or City Council shall enforce this subchapter.
(B) Notice of the provisions of this subchapter shall be given to all applicants for a business license in the city.
(C) Any citizen who desires to register a complaint under this subchapter may initiate enforcement with any of the authorized person listed above.
(D) The Health Department, Fire Department or their designees shall, while in an establishment performing otherwise legal inspections, inspect for compliance with this subchapter.
(E) Owners, managers, operators or employees of establishments regulated by this subchapter shall inform persons seen violating this subchapter of the requirements of this subchapter. In the event an owner, manager, operator or employee of an establishment regulated by this subchapter observes a person or persons violating this subchapter, he or she shall immediately direct the person or persons in violation to extinguish the item being smoked.
(1) In the event the person or persons violating this subchapter complies with this directive, no violation shall exist for the owner, manager, operator or employee witnessing the violation. In the event an owner, manager, operator or employee of an establishment regulated by this subchapter observes a person or person violating this subchapter and fails to immediately direct the person or persons in violation to extinguish the items being smoked, the owner, manager, operator or employee failing to take appropriate steps required by this subchapter shall be in violation of this subchapter.
(2) In the event the person or persons violating this subchapter fails or refuses to comply with this directive, the owner, manager, operator or employee directing the person or persons violating this subchapter shall take immediate and reasonable steps to obtain the removal of the person or persons from the premises.
(a) As an example of the reasonableness required, if there is a person violating this subchapter who, the owner, manager, operator or employee of an establishment regulating by this subchapter is required to removed from the premises, but the person is intoxicated or otherwise reasonably believed to be unable to safely drive or conduct himself or herself if required to leave those premises, in this event the owner, manager, operator or employee may reasonably determine to allow the person violating this subchapter to remain on the premises until appropriate arrangements may be made for the person's removal.
(b) In the event the person or persons violating this subchapter is timely removed from the premises, no violation shall exist for any owner, manager, operator or employee related to the establishment in which these events occurred. In no event is an owner or agent of the premises to forcibly remove the person violating this subchapter. Compliance is achieved under this division (E) if the owner or agent of the premises orders the person violating this subchapter to leave its premises and promptly notifies the police if the person refuses.
(3) In the event the person or persons violating this subchapter fails or refuses to comply with this directive and the owner, manager, operator or employee who observed the violation or if a different person who directed the person or persons in violation to leave the premises, fails to take immediate and reasonable steps to obtain the removal of the person or persons from the premises, the owner, manager, operator or employee failing to take appropriate steps required by this subchapter shall be in violations of this subchapter.
(4) In all events, the establishment in which a violation occurs shall be in violation of this subchapter for each violation that occurs on its premises and in connection with which the owner, manager, operator or employee fail to take appropriate steps required by this subchapter.
(5) An employee who observes a person [or persons] violating this subchapter may immediately notify his or her owner, manager or supervisor of the violation in satisfaction of the employee's responsibility under this subchapter. The failure of the satisfaction of the employee's responsibility under this subchapter. The failure of the employee's owner, manager or supervisor to take appropriate steps required by this subchapter in response to the employee's notice shall not constitute a violation on the part of the employee.
(6) 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, supervisor and/or employee 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.
(7) The mere presence of a person smoking within premises of an establishment governed by this subchapter does not constitute a violation on the part of the establishment. The establishment and its agents shall only be charged for a violation of this subchapter if the responsible agent(s) of the establishment fail to timely satisfy each responsibility prescribed for them in this section.
(F) Notwithstanding any other provision of this subchapter, the city, the county’s Health Department, an employee or any person aggrieved by a failure to comply with this subchapter, whether by commission or omission, including violations on the part of an owner, operator, manager, employee or other person(s) in control of a public place or a place of employment 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.
(Prior Code, § 125.12) (Ord. 24-2006, passed 10-16-2006)