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Smoke Free Air Ordinance <br />Page 12 <br />Sec. 14 -132. Enforcement. <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 />(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 />(c) Any citizen who desires to register a complaint under this Article may initiate enforcement <br />with the Department of Code Enforcement. <br />(d) An owner, manager, operator, or employee of an establishment regulated by this Article, <br />shall inform person(s) in violation of the appropriate provisions thereof and shall ask those persons to <br />refrain from smoking. If the person does not stop smoking, the owner, manager, operator, or employee <br />shall refuse service and shall immediately ask the person to leave the premises. If the person in violation <br />refuses to leave the premises, the owner, manager, operator or employee shall contact a law enforcement <br />agency. <br />(e) In addition to the remedies provided by the provisions of this Section, the Department of Law <br />or any person aggrieved by the failure of the owner, operator, manager, or other. person in control of a <br />public place or a place of employment to comply with the provisions of this Article may apply for <br />injunctive relief to enforce those provisions in any court of competent jurisdiction. <br />Sec. 14 -133. Penalties for Violations. <br />Any owner, manager, operator, or other person in control of an establishment, facility, or outdoor area <br />found to be in violation of this Article shall, when found to be in violation be fined as follows: <br />(a) The issuance of a verbal and written warning for the first (0) violation. <br />(b) A fine of two hundred dollars ($200.00) for the second (2nd) violation within the same <br />calendar year. <br />(c) A fine of four hundred dollars ($400.00) for the third (3rd) violation within the same <br />calendar year. <br />(d) A fine of eight hundred dollars ($800.00) for the fourth (0) violation within the same <br />calendar year. <br />(e) A fine of one thousand five hundred dollars ($1,500.00) for each additional violation <br />