(A) (1) The Police Department, Fire Department and Code Compliance Division, in addition to any authority having jurisdiction to enforce city ordinances, shall have authority to enforce the provisions of this chapter.
(2) Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Police Department.
(3) The Police Department, Fire Department and Code Compliance Division, or their designees, shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this chapter.
(4) An owner, manager, operator or employee of an establishment regulated by this chapter shall inform persons violating this chapter of the appropriate provisions thereof.
(5) Notwithstanding any other provision of this chapter, an employee or private citizen may bring legal action to enforce this chapter.
(6) In addition to the remedies provided by the provisions of this section, the Police Department, Fire Department, Code Compliance Division, or their designees, or 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.
(B) A reasonable fee to cover staff costs associated with inspections and program expenses may be charged by the city to the owner or operator of a restaurant in order to establish that outdoor seating areas of restaurants designated as smoking areas are so designated in accordance with § 93.10(D) of this chapter.
(C) The City Manager shall annually request other governmental and educational agencies having facilities within the city to establish local operating procedures in cooperation and compliance with this chapter. This includes urging all federal, state, county and school district agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.
(D) This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 2017-05, passed 4-4-2017)