§ 40.46  ENFORCEMENT.
   (A)   The City Fire Department, the Code Enforcement Officers, the city police, and all other city officials or employees designated by the City Manager shall enforce this section. Enforcement shall begin six weeks after March 8, 2018.
   (B)   Notice of the provisions of this section shall be given to all applicants for a business license in the city.
   (C)   Any citizen who desires to register a complaint under this section may initiate enforcement with any of the authorized persons listed above.
   (D)   The Fire Department, or other individuals listed above that are in an establishment performing otherwise legal inspections, shall inspect for compliance with this section.
   (E)   If an owner, manager, operator, or employee of an establishment subject to this section observes a person violating this section, he or she shall immediately direct the person in violation to stop smoking. If the person violating this section does not stop smoking, the owner, manager, operator, or employee shall call the police. In no event is an owner or agent of the premises to forcibly remove the person violating this section. Compliance is achieved under the section if the owner or agent of the premises follows these steps.
   (F)   Notwithstanding any other provision of this section, the city, an employee, or any person aggrieved by a failure to comply with this section, whether by commission or omission, including violations on the part of an owner, manager, operator, or other person(s) in control of a public place or place of employment covered by this section may bring legal action to enforce this section, either by civil action seeking injunctive relief or by civil complaint in a court of competent jurisdiction.
(Ord. passed 3-8-2018)