§ 95.13 ENFORCEMENT.
   (A)   The Code Enforcement Officer shall enforce this chapter.
   (B)   Notice of the provisions of this chapter shall be given to all applicants for a business license in the city.
   (C)   Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Code Enforcement Officer.
   (D)   The Fire Department, while in an establishment performing otherwise legal inspections, shall inspect for compliance with this chapter.
   (E)   If the Code Enforcement Officer or owner, manager, operator of an establishment subject to this chapter observes a person violating this chapter, he or she shall immediately direct the person in violation to stop smoking. If the person violating this chapter does not stop smoking, the Code Enforcement Officer, owner, manager, or operator shall ask the person to leave the premises. If the person in violation refuses to leave, the Code Enforcement Officer, owner, manager, or operator shall call the police. In no event may the Code Enforcement Officer, owner, manager, or operator forcibly remove the person violating this chapter. Compliance is achieved under this division if the Code Enforcement Officer, owner, manager, or operator follows these steps.
   (F)   Notwithstanding any other provision of this chapter, the city, an employee, or any person aggrieved by a failure to comply with this chapter, whether by commission or omission, including violations on the part of an owner, manager, operator, or other person(s) in control of a public 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. 2020-07, passed 4-23-2020)