Laserfiche WebLink
<br />Sec. 14-129. Removal of Smoking Paraphernalia and Signage Requirements. <br /> <br />(a) All ashtrays shall be removed from any area where smoking is prohibited by this Article by <br />the owner, operator, manager, or other person having control of the area. <br /> <br />(b) An owner, operator, manager, or official in charge of a public place or place of employment, <br />except vehicles, shall post conspicuous signs at each outdoor entrance that read “The City of <br />South Bend Prohibits Smoking Within 15 Feet of this Entrance”. <br /> <br />Sec. 14-130. Declaration of Establishment as Nonsmoking. <br /> <br />Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in <br />control of an establishment, facility, or outdoor area may declare that the entire establishment, facility, <br />or outdoor areas are a smoke free place. <br /> <br />Sec. 14-131. Non-Retaliation and Non-Waiver of Rights.8 <br /> <br />(a) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an <br />employee, applicant for employment, customer, or resident of a multiple-unit residential facility because <br />that employee, applicant, customer, or resident exercises any rights afforded by this Article or reports or <br />attempts to prosecute a violation of this Article. Notwithstanding Section 14-133, violation of this <br />subsection shall be punishable by a fine not to exceed one thousand dollars ($1,000) for each violation. <br /> <br />(b) An employee who works in an outdoor area restricted to individuals over the age of 18 <br />years of age where an employer allows smoking does not waive or otherwise surrender any legal rights <br />the employee may have against the employer or any other party. <br /> <br />Sec. 14-132. Enforcement. <br /> <br />(a) The South Bend Department of Code Enforcement and South Bend Police Department shall <br />enforce this Article. Additionally, the St. Joseph County Health Department, the South Bend Fire <br />Department or their designees may, while an establishment is undergoing otherwise mandated inspections, <br />inspect for compliance with this Article. <br /> <br />(b) Notice of the provisions of this Article shall be given to all applicants for a business license <br />in the City of South Bend. <br /> <br />(c) Any citizen who desires to register a complaint under this Article may register it <br />with the Department of Code Enforcement. <br /> <br />Smoke Free Air Ordinance <br />Page 12 <br /> <br /> <br /> <br />8 Indiana Code § 7.1-5-12-11 addresses retaliation.