Modesto Municipal Code Art. 8 General Provisions

(a) Notice of these regulations shall be given to all applicants for a business license.

(b) Enforcement of this chapter shall be implemented by the Health Officer of the City of Modesto or his/her designee.

(c) Any citizen who desires to register a complaint under this chapter may do so by filing a complaint with the Health Officer of the City of Modesto or his/her designee.

(d) The Fire District or the County Health Department shall require, while an establishment is undergoing otherwise mandated inspections, 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. 2842-C.S., § 1)

(Amended by Ord. 3639-C.S., § 1, effective 12-24-15)

(a) Violations. 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 any of this chapter's provisions.

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

(b) Penalties. Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter who violates any provision of this chapter shall be deemed guilty of a misdemeanor, except that when the City Attorney shall elect to charge such violation as an infraction, it shall be an infraction. A conviction, or guilty or nolo contendere plea to a violation of this chapter shall be subject to payment of a fine as provided in Section 1-2.01 of the Modesto Municipal Code.

(1) Violations of this chapter occurring at the Modesto Downtown Transportation Center may be charged as an infraction under Penal Code 640 and subject to a fine not to exceed two hundred fifty dollars ($250.00).

(2) Administrative fines or penalties. In addition to all other remedies set forth in this chapter, administrative penalties pursuant to Title 1, Chapter 6 of the Modesto Municipal Code may be imposed against any person for violations of any provision of this chapter.

(Ord. 2842-C.S., § 1)

(Amended by Ord. 3639-C.S., § 1, effective 12-24-15)

No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this article.

(Ord. 2842-C.S., § 1)

(Amended by Ord. 3639-C.S., § 1, effective 12-24-15)

This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. 2842-C.S., § 1)

(Amended by Ord. 3639-C.S., § 1, effective 12-24-15)