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(A) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of 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. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07) Penalty, see § 121.99
(A) The city’s Codes Enforcement Officers, the city Project Manager, the city police officers, the city traffic patrol officer, the Fire Department, the Pike County Health Department (subject to formal determination by the Health Board that the Pike County Health Department shall assume enforcement responsibilities) and any other city officials and employees designated by the City Manager or Board of City Commissioners shall enforce this chapter. The Codes Enforcement Officer shall approve all freestanding bars for compliance with this chapter before smoking is permitted therein.
(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 any of the authorized persons listed above.
(D) The Health Department, Fire Department, Codes Enforcement Officer, 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. Failure of the person directed to extinguish his or her item shall result in the violator being directed to leave the premise. Owners, managers, operators, or employees of free standing bars shall direct all persons under twenty-one (21) years of age to leave the premises. All violators who refuse to leave the premises when ask to do so shall be considered a trespasser and subject to a charge of criminal trespass in the third degree pursuant to KRS 511.080.
(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. In the event 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 item 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) (a) 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.
(b) As an example of the reasonableness required, if there is a person violating this chapter who the owner, manager, operator or employee of an establishment regulated by this chapter is required to remove from the premises, but the person is intoxicated or otherwise reasonably believed to be unable to safely drive or conduct himself or herself if required to leave those premises, in this event the owner, manager, operator or employee may reasonably determine to allow the person violating this chapter to remain on the premises until appropriate arrangements may be made for the person’s removal.
(c) 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. In no event is an owner or agent of the premises to forcibly remove the person violating the chapter. Compliance is achieved under this division (E)(2) if the owner or agent of the premises orders the person violating the chapter 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 who observed the violation or if a different person who directed the person (or person) in violation 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 connection with 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 departments authorized above to enforce this chapter informing the agency or department of the circumstances of the violation or notify the police that the violator is committing a criminal trespass in the third degree by failing to vacate the premises after being told to leave the premises.
(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, the county Health Department, 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, operator, manager, employee or other person(s) 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. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07) Penalty, see § 121.99
(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 fifty dollars ($50.00).
(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 fifty dollars ($50.00) for a first violation within a one (1) year period.
(2) A fine not exceeding one hundred dollars ($100.00) for a second violation within one (1) year.
(3) A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within one (1) 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 (including but not limited to alcoholic beverage licenses) issued to the person for the premises by the city 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. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07; Am. Ord. 0-2010-024, passed 11-8-10)