(A) The city's Code Enforcement Officers and the City Police Department and all other City officials and employees designated by the Mayor or Board of City Council 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 of Morehead, Kentucky.
(C) Any citizen who desires to register a complaint under this chapter may initiate enforcement with any of the authorized persons listed above.
(D) The Building Inspectors, Alcohol Beverage Control officers or their designees shall, 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.
(1) In the event the person or persons violating this chapter complies with this directive, no violation shall exist for the owner, manager, operator or employee witnessing the violation. If an owner, manager, operator or employee of an establishment regulated by this chapter observes a person or persons violating this chapter and fails to immediately direct the person or persons in violation to extinguish the items being smoked, the owner, manager, operator or employee failing to take appropriate steps required by this chapter shall be in violation of this chapter.
(2) In the event the person or persons violating this chapter fails or refuses to comply with this directive, the owner, manager, operator or employee directing the person or persons violating this chapter shall take immediate and reasonable steps to obtain the removal of the person or persons from the premises. The following is an example of reasonableness: In the event of If an intoxicated person or a person unable to safely drive or conduct himself or herself is in violation of this chapter, the owner, manager, operator or employee may determine to allow the person violating this chapter to remain on the premises until appropriate arrangements may be made for the person’s removal. In the event the person or persons violating this chapter is timely removed from the premises, no violation shall exist for any owner, manager, operator or employee related to the establishment in which these events occurred. Under no circumstances shall an owner or agent of the premises be entitled to forcibly remove the person violating the Ordinance. Compliance is achieved under this subsection if the owner or agent of the premises orders the person violating the Ordinance to leave its premises and promptly notifies the police if the person refuses.
(3) In the event, the person or persons violating this chapter fails or refuses to comply with this directive, and the owner, manager, operator or employee observing the violation or person directing him/her to leave the premises, fails to take immediate and reasonable steps to obtain the removal of the person or persons from the premises, the owner, manager, operator or employee failing to take appropriate steps required by this chapter shall be in violation of this chapter.
(4) 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 which the owner, manager, operator or employee fail to take appropriate steps required by this chapter.
(5) 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.
(6) In the event all duties required under this Section are satisfied yet the person violating this chapter persists in his or her violation and/or refuses to vacate the premises on which the violation occurred, the owner, manager, supervisor and/or employee shall immediately contact one or more of the agencies or department authorized above to enforce this chapter informing the agency or department of the circumstances of the violation.
(7) 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.
(F) Notwithstanding any other provision of this chapter, the City of Morehead, its employees 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, operator, manager, employee or other person or persons 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. 11:2006, passed 6-12-06; Am. Ord. 04:2015, passed 3-9-15)