(A) The City’s Code Enforcement Officers, the City Manager, the City police officers, the Fire Department, and any other City official and employee designated by the City Manager or Board of City Commissioners shall enforce this chapter.
(B) This non-smoking chapter shall be posted in City Hall so all applicants for a business license may review the provisions.
(C) Any person who desires to register a complaint under this chapter may do so, in writing, and must deliver the written statement to the City Manager at City Hall. The complaint shall include the name, address and telephone number of the person initiating the complaint. If the person does not want to state their identifying information, the complaint will still be reviewed but the findings will not be published by answering anonymous inquiries regarding the complaint. The complaint must state information about the incident that the person believes is in violation of this chapter, including the location, date, time and any other relevant information. The City Manager, or his/her designee, will investigate the written compliant and in the City Manager’s sole discretion, instruct the appropriate official to resolve the incident stated in the complaint. The reporting person may contact the City Manager to find out the results of the investigation but it is in the City Manager’s sole discretion to determine if the information may be released. The person making the complaint may appeal the finding of the investigation including the non-disclosure of the findings to the City Commission, in writing, within 14 days after notice of the finding is presented or not disclosed per the City Manager. The City Commission may take up the appeal during the next regularly scheduled meeting or at a special meeting scheduled at the sole discretion of the City Commission.
(D) The City Police Department, Fire Department, Code Enforcement Officer, or their designees may, while in an establishment performing otherwise legal inspections, inspect for compliance with this chapter.
(E) Owners, managers, operators, or employees of establishments regulated by this chapter shall inform persons seen violating this chapter of the requirements of this chapter. In the event an owner, manager, operator or employee of an establishment regulated by this chapter observes a person or persons violating this chapter, he or she shall immediately direct the person or persons in violation to extinguish the item being smoked. Failure of the person directed to extinguish his or her smoking item shall result in the violator being directed to leave the premise. All violators who refuse to leave the premises when asked to do so may be considered a trespasser and may be subject to a charge of criminal trespass in the third degree pursuant to KRS 511.080. The City Police shall be called in order to assist the establishment in removing the violator from the premises.
(F) In all events, the establishment in which a violation occurs shall be in violation of this chapter 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 chapter.
(G) An employee who observes a person (or persons) violating this chapter may immediately notify his or her owner, manager, or supervisor of the violation in satisfaction of the employee’s responsibility under this chapter. The failure of the employee’s owner, manager or supervisor to take appropriate steps required by this chapter in response to the employee’s notice shall not constitute a violation on the part of the employee.
(H) The mere presence of a person smoking within the premises of an establishment governed by this chapter 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 chapter if the responsible agent(s) of the establishment fail to timely satisfy each responsibility prescribed for them in this section.
(I) An owner, operator, manager, employee or other person(s) in control of a public place or a place of employment covered by this chapter may bring legal action to enforce this chapter, either by civil action seeking injunctive relief or by criminal complaint in a court of competent jurisdiction.
(Ord. 2016-08, passed 6-28-16; Am. Ord. 2019-08, passed 6-25-19)