Sec. 32-4. - Enforcement. — Sonoma County Municipal Code

(a)

A person who owns, manages, operates or otherwise controls the use of any place where smoking is prohibited by this chapter may not knowingly or intentionally permit smoking in those places. For purposes of this chapter, a person has acted knowingly or intentionally if he or she has not taken the following actions to prevent smoking by another person: (1) requested that a person who is smoking refrain from smoking; and (2) requested that a person who is smoking leave the place if the person refuses to stop smoking after being asked to stop. This chapter does not require physically ejecting a person from a place or taking steps to prevent smoking under circumstances that would involve risk of physical harm. Any owner, manager, operator or employer of any establishment subject to this chapter shall have the responsibility to inform any apparent violator, about any smoking restrictions in said establishment.

(b)

The director of the department of health services, or his/her designee, may enforce this chapter. In addition to other remedies provided by this article or by other law, any violation of this chapter may be remedied by a civil action brought by the county, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. In any such action, the county may seek reimbursement for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing administrative action under this article. The foregoing remedy shall be deemed nonexclusive, cumulative and in addition to any other remedy the county may have at law or in equity, including but not limited to injunctive relief to prevent violations of this chapter.

(c)

Any person who desires to register a complaint under this chapter may initiate the complaint by notifying the director of the department of health services or his/her designee.

(d)

A violation of this chapter is a public nuisance.

(Ord. No. 5953, § I, 10-4-2011.)