Bill 11-16 Smoke Free Air Standards

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Smoke Free Air Ordinance Page I 1 Sec. 14 -129. Removal of Smoking Paraphernalia and Signage Requirements. (a) All ashtrays shall be removed from any area where smoking is prohibited by this Article by the owner, operator, manager, or other person having control of the area. (b) An owner, operator, manager, or official in charge of a public place or place of employment, except vehicles, shall post conspicuous signs at each outdoor entrance that read "The City of South Bend Prohibits Smoking Within 15 Feet of this Entrance ". Sec. 14 -130. Declaration of Establishment as Nonsmoking. Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that the entire establishment, facility; or outdoor areas are a smoke free place. See. 14 -131. -Non-Retaliation and Non - Waiver of Rights.8 (a) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, 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 -133, 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 an outdoor area restricted to individuals over the age of 18 years of age where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. Sec. 14 -132. Enforcement. (a) The South Bend Department of Code Enforcement and South Bend Police Department shall enforce this Article. Additionally, the St. Joseph County Health Department, the South Bend Fire Department or their designees may, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. (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 register it with the Department of Code Enforcement. I Indiana Code § 7.1- 5 -12 -11 addresses retaliation.