§ 102.10 ENFORCEMENT.
   (A)   This section shall be enforced by the Madison Police Department or the Madison Fire Chief.
   (B)   Any citizen who desires to register a complaint under this section may initiate enforcement with the Madison Police Department.
   (C)   The Building Inspector, the Fire Chief, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this section.
   (D)   An owner, manager, operator, or employee of an establishment regulated by this section shall inform persons violating this section of the appropriate provisions thereof.
   (E)   In addition to the remedies provided by the provisions of this Section, the Madison Police Department on behalf of 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.
   (F)   It is a defense to a citation under this chapter that a person who owns, manages, operates or, otherwise controls a public place or place of employment if that person or an employee acts in a reasonable and timely manner to inform the violator of the prohibition and request that he or she refrain from smoking.
(Ord. 2005-23, passed 5-16-06)