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(A) No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises any right to a smoke-free environment afforded by this chapter.
(B) An employee who continues to work in a setting where an employer allows smoking in violation of this chapter does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
(Ord. 2020-07, passed 4-23-2020) Penalty, see § 95.99
(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)
The city shall seek assistance to provide continuing education programs to explain and clarify the purposes and requirements of this regulation to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. Such programs may include publication of a brochure for affected businesses and individuals explaining the provisions of this chapter.
(Ord. 2020-07, passed 4-23-2020)
(A) A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be guilty of a violation, punishable by a fine not exceeding $50 for the first offense and a fine not exceeding $100 for the second offense.
(B) A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this chapter shall be guilty of a violation, punishable by:
(1) A fine not exceeding $100 for a first violation within a one-year period.
(2) A fine not exceeding $200 for a second violation within one year.
(3) A fine not exceeding $250 for each additional violation within one year.
(C) In addition to the fines established by this section, violations of this chapter by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
(D) Violation of this chapter is declared to be a public nuisance, which may be abated by the city or its designated agents by restraining order, preliminary, and permanent injunction, or other means provided for by law. The city may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance.
(E) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.
(Ord. 2020-07, passed 4-23-2020)