Substitute Bill 31-14 Smoke Free Ordinance

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Smokefree Air Ordinance of 2014 - Substitute Bill No. 31 -14 Page 12 (c) Clearly and conspicuously post on every vehicle that constitutes a place of employment under this Article at least one (1) sign, visible from the exterior of the vehicle, stating that smoking is prohibited. (d) Remove all ashtrays from any area where smoking is prohibited by this Article, except for ashtrays displayed for sale and not for use on the premises. See-. 4, -,'t: Sec. 14 -73. Non - retaliation, Non - waiver of Rights. (a) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an emplovee, applicant for employment, customer, or resident of a multiple -unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded_ by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 14 -76, violation of this Subsection shall be punishable by a fine not to exceed one thousand dollars ($1,000) for each violation. (b) An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other part y. See.-14-75. Sec. 14 -74. Enforcement. (a) This Article shall be enforced by the Department of Code Enforcement and the Police Department or an authorized designee. (b) Notice of the provisions of this Article shall be given to all applicants for a business license in the City of South Bend. (c) Any citizen who desires to register a complaint under this Article may initiate enforcement with the Department of Code Enforcement. (d) The Health Department, Fire Department, or their designees may, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. (e) An owner, manager, operator, or employee of an area regulated by this Article shall direct a person who is smoking in violation of this Article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency. (f) Notwithstanding any other provision of this Article, an employee or private citizen may bring legal action to enforce this Article.