Bill 11-16 Smoke Free Air Standards

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Smoke Free Air Ordinance Page 13 occurring thereafter within the same calendar year. (f) Repeated violation of this Article is declared to be a public nuisance, which may be abated by the Department of Law seeking a restraining order, preliminary and permanent injunction, or other means provided for by law, and may bring action to recover the costs of the nuisance abatement. (g) The Department of Law is authorized to bring civil action against any alleged violator of this Article for all unpaid fines, and any and all expenses incurred by the City to enforce the provisions of this Article to seek compliance from the alleged violator. (h) Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. Each violation of this Article shall constitute a separate offense. Section II. Repeal: Article 10 of Chapter 14 entitled "Smoking Regulations" of the South Bend Municipal Code is repealed. Any other ordinance which is inconsistent or in conflict with any part of this ordinance is expressly repealed to the extent of such inconsistency or conflict and the remainder of such ordinance or Code provision shall be unaffected and remain in effect. Section III. Severability: If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. Section IV. This ordinance shall be in full force and effect on August 1, 2016, and from after the passage by the Common Council, approval by the Mayor and legal publication. Co cil Member at Large Gavin Ferlic Broden, th DistiVetCouncil Member Council Member at Member 's Office MAR n `' 010 KAREEMAH K)ANLER CITY CLERK SOUTH �aEND, IN