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05-12-14 Council Agenda & Packet
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05-12-14 Council Agenda & Packet
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5/8/2014 11:40:42 AM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
5/12/2014
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Smokefree Air Ordinance of 2014 - Substitute Bill No. 31 -14 <br />Page 12 <br />(c) Clearly and conspicuously post on every vehicle that constitutes a place of employment <br />under this Article at least one (1 ) sign, visible from the exterior of the vehicle, stating that <br />smoking is prohibited. <br />(d,) Remove all ashtrays from any area where smoking is prohibited by this Article, except for <br />ashtrays displayed for sale and not for use on the premises. <br />°°�4-. See. 14 -73. Non - retaliation, Non - waiver of Rights. <br />(a ) No person or employer shall discharge, refuse to hire, or in any manner retaliate <br />against an employee, applicant for employment, customer, or resident of a multiple -unit <br />residential facility because that employee, applicant, customer, or resident exercises any ri is <br />afforded by this Article or reports or attempts to prosecute a violation of this Article. <br />Notwithstanding Section 14 -76, violation of this Subsection shall be punishable by a fine not to <br />exceed one thousand dollars ($1,000) for each violation. <br />(b) An employee who works in a setting where an employer allows smoking does not <br />waive or otherwise surrender any legal rights the employee may have against the employer or <br />any other <br />c°44 -? -5. See. 14-74. Enforcement. <br />(a) This Article shall be enforced by the Department of Code Enforcement and the Police <br />Department or an authorized designee. <br />(b) Notice of the provisions of this Article shall be given to all applicants for a business <br />license in the City of South Bend. <br />(c) Any citizen who desires to register a complaint under this Article may initiate <br />enforcement with the Department of Code Enforcement. <br />(d) The Health Department, Fire Department, or their designees may, while an <br />establishment is undergoing otherwise mandated inspections, inspect for compliance with this <br />Article. <br />(e) An owner, manager, operator, or employee of an area regulated by this Article shall <br />direct a person who is smoking in violation of this Article to extinguish the product being <br />smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall <br />refuse service and shall immediately ask the person to leave the premises. If the person in <br />violation refuses to leave the premises, the owner, manager, operator, or emplovee shall contact a <br />law enforcement agency. <br />(f) Notwithstanding any other provision of this Article, an employee or private citizen <br />may bring legal action to enforce this Article. <br />
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