Article VI. Enforcement, Violations and Penalties
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Chapter 9.50 PUBLIC AND WORKPLACE SMOKING RESTRICTIONS


Article VI. Enforcement, Violations and Penalties
9.50.110 Enforcement.
A. Enforcement of this chapter shall be implemented by the El Paso city-county health and environmental district, building services, fire and law enforcement agencies.

B. Notice of the provisions set forth in this chapter shall be given to all applicants for a business license in the city.

C. Any person may register a complaint under this chapter to initiate enforcement with the El Paso city-county health and environmental district.

D. The health district, building services or the fire department shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance of this chapter.

E. Any owner, manager, operator or employee of any establishment regulated by this chapter shall be responsible for informing persons violating this chapter of the provisions through appropriate signage. (Ord. 14878 1 (part), 2001)

F. Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter. (Ord. 14878 1 (part), 2001)

9.50.120 Nonretaliation.
No person nor employee shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smoke free environment afforded by this chapter. (Ord. 14878 1 (part), 2001)

9.50.130 Violations and penalties.
A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with all of its provisions, except for violations noted in subsection B of this section.

B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by:
1. A fine not exceeding one hundred dollars for the first violation;
2. A fine not exceeding two hundred dollars for a second violation within a one year period of the first violation;
3. A fine not exceeding five hundred dollars for an additional violation within a one year period of the first violation. (Ord. 14878 1 (part), 2001)

9.50.140 Other applicable laws.
This chapter shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 14878 1 (part), 2001)

9.50.150 Severability.
If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 14878 1 (part), 2001)

9.50.160 Effective date.
This chapter shall be effective on and after January 2, 2002. (Ord. 14878 1 (part), 2001)