(A) If any owner, manager, operator, or employee of an establishment regulated by this subchapter shall observe a person violating subchapter, he or she shall immediately direct the person in violation to stop smoking. If the person violating the regulations does not comply with the request, that person shall be asked to leave the premises. If the person in violation does not leave, the police shall be called, and the person in violation shall be deemed to be in criminal trespass as well as in violation of this subchapter.
(B) The Madison County Health Department (the “Department”) shall be deemed to be the entity charged with the primary responsibility for enforcement of the provisions of this subchapter. The Department shall, while in any establishment for purposes of conducting any other required inspection, inspect for compliance with this subchapter. Any citizen who desires to register a complaint for the violation of this subchapter shall do so with the Department. Any establishment, business, or other entity, and its owner, manager, employees or agents charged with duties hereunder, shall be charged with a violation of this subchapter only if the smoking prohibitions herein set forth are not adhered to and such person or persons, knowing that a violation was taking place, failed to take the action required of him or her as herein set forth.
(Ord. 14-24, passed 9-9-14)