CHAPTER 7
NO SMOKING
SECTION:
§4507.1: Penalty For Violating Chapter
§4507.4: Other Applicable Laws
§4507 ENFORCEMENT
A. Enforcement of this Article shall be implemented by the Mendocino County Department of Public Health, acting as the City Health Department pursuant to the agreement between the City and Mendocino County dated February 15, 1952.
B. Any citizen who desires to register a complaint under this Chapter may initiate enforcement with the Mendocino County Department of Public Health.
C. The Public Health Department shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this Article have been complied with.
D. Any owner, manager, operator or employee of any establishment regulated by this Article may inform persons violating this Article of the appropriate provisions thereof. (Ord. 942, §1, adopted 1993)
§4507.1 PENALTY FOR VIOLATING CHAPTER
A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Chapter to fail to comply with any of its provisions.
B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provision of this Chapter.
C. Any person who violates any provision of this Chapter shall be guilty of an infraction, punishable by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation.
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of this Chapter within one year.
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this Chapter within one year.
D. A private right of action is hereby created. Any person may bring an action against any person described in subsections A or B of this Section. In addition to any other remedies provided by law a Court hearing such an action may enjoin any person or business from violating any provision of this Chapter and/or award a statutory penalty not to exceed five hundred dollars ($500.00) for each violation. (Ord. 942, §1, adopted 1993)
§4507.2 NONRETALIATION
No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke free environment afforded by this Chapter. (Ord. 942, §1, adopted 1993)
§4507.3 PUBLIC EDUCATION
The Mendocino County Department of Public Health shall engage in a continuing program to explain and clarify the purposes and requirements of this Chapter to citizens affected by it, and to guide owners, operators and managers in their compliance with it. Such programs may include publication of a brochure for affected businesses and individuals explaining the provisions of this Chapter. (Ord. 942, §1, adopted 1993)
§4507.4 OTHER APPLICABLE LAWS
This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 942, §1, adopted 1993)
Ord. 671, §1, adopted 1975; repealed by Ord. 760, adopted 1981.