Sec. 6-18.009. Violations and penalties.

   (a)   It is a violation of this chapter for any person who owns, manages, operates or otherwise controls the use of any enclosed area of a public place subject to regulation under this chapter to fail to comply with any applicable provision of this chapter. However, an owner, manager, operator or employee of an enclosed area described in Section 6-18.003(b) or (c) is not obligated to enforce the prohibition against smoking in the enclosed area as against a customer or other member of the public visiting the enclosed area, and the failure to enforce the prohibition shall not subject the owner, manager, operator or employee to prosecution under this chapter.

   (b)   It is a violation of this chapter for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

   (c)   Any person in violation of any provision of this chapter shall be guilty of an infraction, punishable by a civil fine not exceeding one hundred dollars for each violation.

   (d)   A separate offense is committed for each and every day, or part of a day, during which any violation is caused, committed, continued or permitted. Each offense is punishable separately from every other offense.

(Ord. 1461, eff. November 12, 2015)

Sec. 6-18.010. Public education.

   The department of public health shall engage in a continuing program to explain and clarify the purposes and requirements of this chapter to persons affected by it, and to guide owners, operators, and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this chapter.

(Ord. 1461, eff. November 12, 2015)

Sec. 6-18.011. Other applicable laws.

   (a)   This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by any other applicable law.

   (b)   This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted in any establishment, facility, or location by any employer, owner, operator, manager, or other person who exercises control over such establishment, facility, or location.

(Ord. 1461, eff. November 12, 2015)

Sec. 6-18.012. Severability.

   If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or their application to any other person or circumstance.

(Ord. 1461, eff. November 12, 2015)

Sec. 6-18.013. Effect on prior ordinances.

   All former ordinances, or parts thereof, conflicting or inconsistent with the provisions of this ordinance are hereby repealed. The adoption of this ordinance shall not in any manner affect any action or prosecution for violation of ordinances in effect prior to the effective date of this ordinance, be construed as a waiver of any license, fee, or penalty required by or resulting from any such ordinance, or affect the validity of any bond (or cash deposit in lieu thereof) required to be posted, filed, or deposited pursuant to such ordinance.

(Ord. 1461, eff. November 12, 2015)

Sec. 6-18.014. Effective date.

   This ordinance shall take effect and be in full force and effect 30 days after its passage. The Clerk shall cause this ordinance to be published as required by law.

(Ord. 1461, eff. November 12, 2015)