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(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)
The City of Madison, in cooperation with The King's Daughters' Hospital and Health Services and the Jefferson County Health Department, shall engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this chapter.
(Ord. 2005-23, passed 5-16-06)
The Mayor of the City of Madison shall annually request other governmental agencies having facilities within the city to establish local operating procedures in cooperation and compliance with this section. This includes urging all Federal, State, and Jefferson County agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.
(Ord. 2005-23, passed 5-16-06)
(A) A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be guilty of an infraction, punishable by a fine not exceeding $50.
(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 an infraction, punishable by:
(1) A fine not exceeding $100 for a first violation.
(2) A fine not exceeding $200 for a second violation within one year.
(3) A fine not exceeding $500 for each additional violation within one year.
(C) In addition to the fines established by this section, violation 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 Madison Police Department by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City of Madison may take action to recover the costs of the nuisance abatement.
(E) Each day on which a violation of this section occurs shall be considered a separate and distinct violation.
(Ord. 2006-23, passed 5-16-06)