(A) Enforcement of this subchapter shall be the responsibility of any and all sworn law enforcement officers who may be assigned to work within the County of Woodford, if so directed by their superiors. Enforcement shall be primarily done on a complaint basis, but can be done at any time if/when witnessed by an enforcement official.
(B) Notice of the provisions of this subchapter shall be given to all applicants for business license in the County of Woodford by the appropriate clerk.
(C) Any citizen who desires to register a complaint under this subchapter may initiate enforcement with any of the authorized persons listed above.
(D) Owners, managers, operators, or employees of establishments regulated by this subchapter shall inform persons seen violating this subchapter of the requirement of this subchapter. In the event an owner, manager, operator, or employee of an establishment regulated by this subchapter observes a person or persons violating this subchapter, he or she shall immediately direct the person or persons in violation to extinguish the item being smoked.
(E) (1) In the event the person (or persons) violating this subchapter 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 subchapter observes a person or persons violating this subchapter 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 subchapter shall be in violation of this subchapter.
(2) (a) In the event the person (or persons) violating this subchapter fails or refuses to comply with this directive, the owner, manager, operator, or employee directing the person (or persons) violating this subchapter 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 the subchapter who the owner, manager, operator, or employee of an establishment regulated by this subchapter 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, then in this event the owner, manager, operator, or employee may reasonably determine to allow the person violating this subchapter 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 subchapter 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 subchapter. Compliance is achieved under this subsection if the owner or agent of the premises orders the person violating the subchapter to leave its premises and promptly notifies law enforcement authority if the person refuses.
(3) In the event the person (or persons) violating this subchapter 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 persons) in violation to leave the premises, fails to take immediate and reasonable steps to obtain removal of the person (or persons) from the premises, the owner, manager, operator, or employee failing to take appropriate steps required by this subchapter shall be in violation of this subchapter.
(4) In all events, the establishment in which a violation occurs shall be in violation of this subchapter 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 subchapter.
(5) An employee who observes a person (or persons) violating this subchapter shall immediately notify his or her owner, manager, or supervisor of the violation in satisfaction of the employee’s responsibility under this subchapter. The failure of the employee’s owner, manager, or supervisor to take appropriate steps required by this subchapter 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 subchapter 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 subchapter, informing the agency or department of the circumstances of the violation.
(7) The mere presence of a person smoking within premises of an establishment governed by this subchapter 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 subchapter 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 subchapter, an employee, or any person aggrieved by a failure to comply with this subchapter, 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 subchapter, may bring legal action to enforce this subchapter, either by civil action seeking injunctive relief, or by criminal complaint in a court of competent jurisdiction.
(Ord. 2014-14, passed 11-25-2014)