§ 15-81. Violations, enforcement and penalties.

(a)

Notice of the provisions of this article shall be given to all applicants for a business license in the city.

(b)

Any citizen who desires to register a complaint under this article may do so by filing a complaint with the city manager, the health department director of the city, or their designee.

(c)

Any owner, manager, operator or employer of any establishment affected by this article shall, upon either observing or being advised of a violation of this article, have the obligation to inform the violator of the appropriate requirements of this law and then request immediate compliance.

(d)

Enforcement of this article shall be implemented by the city manager and the health director of the city or their designee such as: fire department, code enforcement department, planning and zoning/building department and law enforcement.

(e)

City health department, fire department, code enforcement department, planning and zoning/building department and law enforcement shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance of this article.

(f)

It shall be unlawful for any proprietor or person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this article to knowingly fail to comply with any of its provisions. Any proprietor or other person in control of a public place or workplace who fails to comply with this article shall be subject to:

(1)

A fine of up to two hundred dollars ($200.00) for each day a violation continues; and

(2)

Suspension or revocation of any license or permit issued by the city, including any license or permit issued by the city's health department for that public place for a period of up to thirty (30) days for each day of noncompliance; but only after a citation has been issued.

(g)

It shall be unlawful for any person to smoke in any area where smoking is prohibited under this article. Any person who knowingly or intentionally smokes in an area in which smoking is prohibited shall be subject to:

(1)

A fine of not less than fifty dollars ($50.00), but not more than two hundred dollars ($200.00); and

(2)

In the event that a person has been previously convicted under this section, that person shall be fined not less than two hundred dollars ($200.00), but not more than five hundred dollars ($500.00) on a second conviction; and

(3)

The fine shall be not less than five hundred dollars ($500.00) but not more than one thousand dollars ($1,000.00) for each conviction thereafter.

(Ord. No. 2006-O-073, § 1, 4-3-06)