Davis Municipal Code Art. 34.03 Enforcement

Enforcement of this chapter shall be implemented by the city manager or designee.

(Ord. 1682 § 2)

Any citizen, employee or business patron who desires to register a complaint under this chapter may initiate enforcement with the city manager or designee.

(Ord. 1682 § 2)

As part of any fire department inspection, the fire department shall require a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with.

(Ord. 1682 § 2)

Any owner, manager or authorized agent of any establishment regulated by this chapter may, and is encouraged to, inform persons violating this chapter of the appropriate provisions thereof.

(Ord. 1682 § 2)

The owner, operator, or manager of a business shall not be responsible for violations of this chapter within their premises by patrons or citizens, provided that such patrons or citizens have been adequately informed that their actions may be in violation of the law. Any owner, operator or manager of a business shall have adequately informed patrons or citizens if he or she has posted the premises in accordance with this chapter. This limitation shall not apply to employees of such businesses.

(Ord. 1682 § 2)

Notwithstanding any provision of this chapter, a private citizen may bring legal action to enforce this chapter.

(Ord. 1682 § 2)

It shall be unlawful for any person who owns, operates, manages, or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to comply with its provisions.

(Ord. 1682 § 2)

It is unlawful for any person to smoke in any area where such action is restricted by this chapter.

(Ord. 1682 § 2)

Any person who violates any provision of this chapter shall be subject to a citation and:

(a) Upon the first violation shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed fifty dollars;

(b) Upon the second violation within one year shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed two hundred dollars;

(c) Upon the third and additional violations within one year shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed five hundred dollars per conviction.

(Ord. 1682 § 2)

The city manager or designees shall have the authority to issue citations for violation of this chapter, however, such individuals shall not have the powers of a police officer in performing their duties under this chapter. The police chief and police officers, and the fire department shall also have the authority to issue citations for violation of this chapter.

(Ord. 1682 § 2)

Notwithstanding any other provisions of this chapter, any owner, operator, manager, employer, or other person who controls any establishment or place of employment regulated by this chapter, may adopt policies relating to smoking which are more restrictive than those provided herein.

(Ord. 1682 § 2)

The city manager shall encourage other governmental agencies having facilities within the city to comply voluntarily with this article.

(Ord. 1682 § 2)