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HomeMy WebLinkAboutORD 7622 TO RESTRICT SMOKING AND THE USE OF E-CIGARETTES IN PUBLIC PLACES AND IN PLACES OF PUBLIC ACCOMMODATION- SMOKING BAN ORDINANCE NO. '1 (22, 2_ AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE, TITLE FOUR, BY ADDING A NEW ARTICLE TO BE DESIGNATED ARTICLE 7 AND NEW SECTIONS TO BE DESIGNATED SECTIONS 4-2-77 THROUGH 4-2-97; TO REPEAL AUGUSTA, GA CODE TITLE FOUR, SECTION 4-2-1; TO RESTRICT SMOKING AND THE USE OF E-CIGARETTES IN PUBLIC PLACES AND IN PLACES OF PUBLIC ACCOMMODATION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Whereas, secondhand smoke kills approximately 1,500 Georgia citizens every year; and Whereas, 21% of adults in Augusta are still exposed to secondhand smoke at work; and Whereas, Richmond County ranks 124 out of 159 Georgia counties in health; and Whereas, according to the Economic Impact Evaluation of the 2010 Savannah Smoke-Free Air Ordinance by the Chronic Disease, Healthy Behavior and Injury Epidemiology Section and the Georgia Tobacco Use Prevention Program of the Georgia Department of Public Health, there was a 94% decrease in indoor air pollution after 1 year and no impact on taxable sales revenue for bars and full-service restaurants after adjusting for time, seasonality, etc; and Whereas,the 2006 U.S. Surgeon General's Report,the Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that: (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3)exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smokefree workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and(6)evidence from peer-reviewed studies shows that smokefree policies and laws do not have an adverse economic impact on the hospitality industry; and Page 1 of 19 Whereas, according to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke; and Whereas, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually; and Whereas, The Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and Whereas,there is indisputable evidence that implementing 100%smoke-free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke; and Whereas, in reviewing 11 studies concluding that communities see an immediate reduction in heart attack admissions after the implementation of comprehensive smokefree laws, the Institute of Medicine of the National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smokefree laws reduce heart attacks, and Whereas, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50%higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and Whereas, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability; and Whereas, the U.S. Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and Page 2 of 19 Whereas, unregulated high-tech smoking devices, commonly referred to as electronic cigarettes, or "e- cigarettes," closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of electronic cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested that "quality control processes used to manufacture these products are inconsistent or non-existent."According to a more recent study, electronic cigarette emissions are made up of a high concentration of ultrafine particles, and the particle concentration is higher than in conventional tobacco cigarette smoke. Electronic cigarettes produce an aerosol or vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The World Health Organization(WHO) recommends that electronic smoking devices not be used indoors, especially in smokefree environments, in order to minimize the risk to bystanders of breathing in the aerosol emitted by the devices and to avoid undermining the enforcement of smokefree laws; and Whereas, the Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity, and Whereas, numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety; and Whereas, there is no legal or constitutional "right to smoke." Business owners have no legal or constitutional right to expose their employees and customers to the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty to provide their workers with a workplace that is not unreasonably dangerous, and Whereas, smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and Whereas, the smoking of tobacco, hookahs, or marijuana and the use of electronic cigarettes are forms of air pollution and constitute both a danger to health and a material public nuisance; and Page 3of19 Accordingly, the Augusta, Georgia consolidated government finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in certain public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA CODE, Title 4, Section 4-2-1 as set forth in the AUGUSTA, GA CODE, re-adopted July 10, 2007, is hereby amended by striking this section in its entirety as set forth in "Exhibit A" hereto. Section 4-2-1 shall be reserved. SECTION 2. AUGUSTA, GA CODE, Title 4, is hereby amended to add new article to be designated Article 7 and new sections to be designated Sections 4-2-77 through 4-2-97 as set forth in "Exhibit B" hereto. SECTION 3. This ordinance shall be effective January 1, 2019 after its adoption in accordance with applicable laws. SECTION 4. All ordinances, parts of ordinances, policies, and procedures concerning events held on public property in conflict herewith are hereby repealed. Adopted this t COANday of J Uf1 , 2018. - Hardie Dav /" As its Mayor Atte ; , '' 41'116 •a P e:, Clerk t ( mipission Cl. . V � 146 m ;I Page 4 of 19 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on , 2018 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: First Reading ,,unt, Cj , 20 IS Second Reading 3 Une., \q , 9-0 Page 5of19 Exhibit A STRIKE: .. . . (1) Public building. Any enclosed building, structure or indoor facility owned, - • - - - A •. - - - - • - - - - areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception and waiting rooms, classrooms, meeting or conference rooms and auditoriums, on site cafeterias, lunchrooms, lounges and any facility, school or educational institution being used by • •- -•- - - - - - - - - - - - - - - . . . . - instruction. cigarette, pipe, weed, plant or other combustible substance in any manner or in any form. (c) Nothing in this section shall be deemed, interpreted, or construed to permit other applicable law. - - - conspicuously posted in every building, structure or facility where smoking is - . . - - - - -, . - - - - . provisions or application, and to this end, the provisions of this ordinance are severable. Page 6 of 19 (f} Any person or persons failing to comply with the lawful provisions hereof or guilty of an offense, and upon trial as a misdemeanor and conviction shall be subject to the penalties provided by section 1 6 1. REPLACE WITH: Sec. 4-2-1. Reserved. Page 7 of 19 Exhibit B ADD NEW: ARTICLE 7. Smoking prohibitions in public places and places of employment. Sec. 4-2-77. Purpose of Smoking Ordinance. The purposes of this ordinance are ll to protect the sublic health and welfare b .rohibitin. smokin• and e-ci•arettes in enclosed sublic 'laces and enclosed .laces of em lo ment• and 2 to su ort the ri ht of nonsmokers to breathe smokefree air, and to reco• ize that the need to breathe smokefree air shall have .riorit over the desire to smoke in enclosed public places. Sec. 4-2-78. Definitions. The followin• words and shrases whenever used in this Article shall be construed as defined in this Section: A. "Bar" means an establishment that is devoted to the serving of alcoholic bevera•es for consum stion b_•uests on the 'remises and in which the servin• of food is only incidental to the consumption of those beverages, including but not limited to taverns ni•htclubs cocktail loun.es and cabarets. B. "Business" means a sole proprietorship, partnership, 'oint venture co 'oration or other business entit either for-.rofit or not-for-.rofit includin• retail establishments where •oods or services are sold- .rofessional co 'orations and other entities where le•al medical dental en.ineerin• architectural or other .rofessional services are delivered• and private clubs. C. "E-ci•arette" means an electronic oral device such as one corn s osed of a heatin• element batte _ and/or electronic circuit which srovides a va s or of nicotine or any other legal substances, and the use or inhalation of which simulates smokin.. The term shall include an such device whether manufactured distributed marketed or sold as an a-cis arette e-ci•ar a-s i.e e-hookah vase sen or under an other sroduct name or descri s tion. Page 8 of 19 D. "Employee" means a person who is employed by an employ ear in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. E. "Employer" means a person, business, partnership, association corporation, including a municipal corporation, trust, or non- rofit entity that employs the services of one or more individual persons. F. "Enclosed Area" Enclosed area means all space between a floor and ceiling that is bounded on all sides by walls, doorways or windows, whether open or closed. A wall includes an retractable divider ara.e door or other .h sical barrier, whether temporary or permanent. G. "Health Care Facili " means an office or institution .rovidin. care or treatment of diseases whether physical, mental or emotional or other medical physiological, or psycholotical conditions includin. but not limited to hos.itals rehabilitation hos•itals or other clinics includin! wei•ht control clinics nursin. homes ion.-term care facilities homes for the a.in. or chronicall ill laboratories and offices of sur.eons chiro.ractors_.h sical thera•ists .h sicians .s chiatrists dentists and all s.ecialists within these .rofessions. This definition shall include all waitin. rooms hallwa s_.rivate rooms, semiprivate rooms, and wards within health care facilities. H. "Hookah" means a water .i.e and an associated .roducts and devices, which are used to produce fumes, smoke, and/or vapor from the burnin. of material includin•, but not limited to, tobacco, shisha, or other plant matter. I. "Hookah Bar"or"Hookah Lounge" means an establishment that derives more than eighty (80) percent of its quarterly gross revenue from the sale of shisha for consumption on the premised by customers and the sale of accessories used for smoking shisha. A hookah lounge does not allow individuals under the a.e of ei.hteen 18 to enter the .remises and does not have a .ermit or license to sell alcoholic beverages, but may serve food and nonalcoholic bevera•es for consumption on the premises by customers. J. "Place of Em.lo ment" means an area under the control of a sublic or .rivate employes including, but not limited to, work areas,private offices employe loun.es restrooms conference rooms meetin. rooms classrooms em.lo ee Page 9 of 19 cafeterias hallwa s construction sites tem.ora offices and vehicles. A private residence is not a "place of emplo ment" unless it is used as a child care adult da care or health care facilit . K. "Pla •round" means an_.ark or recreational area desi•ned in .art to be used b children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities or an similar facility located on .ublic or .rivate school 'rounds or on Au'usta Geor•is owned grounds. L. "Private Club" means an organization, whether incorporated or not, which is the owner lessee, or occupant of a building or portion thereof used exclusively for club .0 .oses at all times which is operated solei for a recreational fraternal social_.atriotic political benevolent or athletic .u .ose but not for •ecunia •ain and which onl sells alcoholic bevera•es incidental to its o.eration. The affairs and mana•ement of the or•anization are conducted b a board of directors executive committee or similar bod chosen b the members at an annual meetin.. The or.anization has established b laws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. M."Public Event" means an event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, farmers' markets festivals_.arades_.erformances and other exhibitions regardless of any fee or age requirement N. "Public buildin." An enclosed buildin• structure or indoor facilit owned operatedleased or managed by Augusta Geor is which is used by or open to the sublic includin• without limitation_.ublic trans sortation enclosed areas occu.ied b Au.usta Geor.is staff o.en office areas shared offices .rivate offices hallways, restrooms, escalators elevators stairwa s lobbies, rece stion and waitin• rooms classrooms meetin• or conference rooms and auditoriums on-site cafeterias lunchrooms and loun•es. 0. "Public Place" means an area to which the public is invited or in which the sublic is .ermitted includin• but not limited to all .ublic buildin.s banks bars educational facilities_•amin• facilities health care facilities hotels and Page 10 of 19 motels laundromats public trans sortation vehicles and facilities rece stion areas restaurants retail food production and marketin. establishments retail service establishments retail stores, shopping malls, sports arenas, theaters._ and waiting rooms. A private residence is not a"public place" unless it is used as a child care, adult day care, or health care facility. P. "Recreational Area" means any public or private area open to the public for recreational 'Li poses whether or not an fee for admission is char.ed includin. but not limited to amusement sarks athletic fields beaches fairgrounds. hardens, golf courses open to the Dublic, parks, plazas, skate parks, swimming pools, trails, and zoos. Q. "Restaurant" means an eatin. establishment includin. but not limited to coffee shops cafeterias sandwich stands and private and public school cafeterias which .ives or offers for sale food to the public .uests or em p to ees as well as kitchens and caterin• facilities in which food is prepared on the premises for servin. elsewhere. The term "restaurant" shall include a bar area within the restaurant. R. "Service Line" means an indoor or outdoor line in which one (1) or more persons are waitin. for or receivin. service of an kind whether or not the service involves the exchan.e of mone_ includin. but not limited to ATM lines concert lines, food vendor lines movie ticket lines and s sorting event lines. S. "Shopping Mall" means an enclosedup blic walkway or hall area that serves to connect retail or professional establishments. T. "Smokin." means inhalin. exhalin. burnin. or ca in. an li.hted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, includin' hookahs and mari'uana, whether natural or s nthetic in an manner or in an form. "Smokin." also includes the use of an e-ci arette which creates an aerosol or va s or in an manner or in an form or the use of an oral smokin' device for the su pose of circumventin. the prohibition of smokin' in this Article. Page 11 of 19 U. "Sports Arena" means a place where people assemble to enga eg in nh sy ical exercise_.artici s ate in athletic corn.etition or witness s sorts or other events including sports pavilions stadiums, • mnasiums, health spas boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. V. "Reasonable distance" means a distance that is sufficient to ensure indoor areas remain smoke-free by preventing smoke from infiltrating enclosed •ublic .laces via an entrance exit window vent or air intake s stem of a buildin. where smokin• is prohibited, and to protect •ersons enterin' or exitin. enclosed areas from involuntaril inhalin. second-hand smoke. Sec. 4-2-79. A• •lication of Article to Au. usta Geor'is Owned Public Buildings, Facilities and Property. All enclosed areas includin. buildin.s and vehicles owned leased or o.erated b Au usta Geor.is as well as all outdoor sro.ert ad'acent to such buildin.s and under the control of Augusta, Georgia, shall be subject to the provisions of this Article. Sec. 4-2-80. Prohibition of Smokin in Enclosed Public Buildin s and Public Places. Exce et as otherwise srovided Smokin. and e-ci.arettes shall be srohibited in all enclosed sublic 'laces and within a reasonable distance of such .laces within Au.usta Geor..is includin. but not limited to the followin. •laces: A. Aquariums, galleries, libraries, and museums. B. Areas available to the general public in businesses and non-profit entities patronized by the public, includin' but not limited to banks laundromats, professional offices, and retail service establishments. C. Bars. D. Bingo facilities. Page 12 of 19 E. Child care and adult day care facilities. F. Convention facilities. G. Educational facilities, both public and private. H. Elevators. I. Gaming facilities. J. Health care facilities. K. Hotels and motels. L. Lobbies hallwa s and other common areas in a.artment buildin•s condominiums trailer .arks retirement facilities nursin• homes and other multiple-unit residential facilities. M.Parking structures, both enclosed and semi-enclosed. N. Polling places. 0. Public trans sortation vehicles includin. buses and taxicabs owned b or under the authorit of Au.usta Geor.is and ticket boardin. and waitin areas of .ublic trans sortation facilities includin bus train and ai .ort facilities. P. Restaurants. Q. Restrooms, lobbies, reception areas, hallways, and other common-use areas. R. Retail stores. S. Rooms chambers daces of meetin. or .ublic assembl under the control of an a•encv, board, commission, committee or council of Au•usta Geor•is, to the extent the .lace is sub'ect to the 'urisdiction of Au.usta Geor..ia. Page 13 of 19 T. Service lines. U. Shopping malls. V. Sports arenas, including enclosed places in outdoor arenas. W.Theaters and other facilities .rimaril used for exhibitin• motion .ictures sta•e dramas lectures musical recitals or other similar serformances. Sec. 4-2-81. Prohibition of Smoking in Enclosed Places of Employment. A. Exce.t as otherwise .rovided in Sec. 4-2-84 smokin• and e-ci•arettes shall be .rohibited in all enclosed areas of .laces of em.lo ment and a reasonable distance of such places. This includes, without limitation, common work areas auditoriums classrooms conference and meetin• rooms_.rivate offices elevators hallwa s medical facilities cafeterias em.lo ee loun•es stairs, restrooms, vehicles, and all other enclosed facilities. B. This srohibition on smokin• shall be communicated to all existin• em.lo ees b the effective date of this Article and to all srossective em.lo ees uson their application for employment. Sec. 4-2-82. Prohibition of Smoking in Enclosed Residential Facilities. Smoking shall be prohibited in the following enclosed residential facilities and within a reasonable distance of such places: A. All .rivate and semi-.rivate rooms in nursin• homes. B. At least 80 percent of hotel and motel rooms that are rented to •uests. Sec. 4-2-83. No Prohibition of Smoking in Outdoor Public Places. Smokin• and e-ci•arettes shall not be .rohibited in outdoor .laces exce it within a reasonable distance of outside entrances, operable windows, and ventilation systems Page 14 of 19 of enclosed areas where smokin• and a-ci•arettes are .rohibited so as to •revent tobacco smoke or va.or from enterin• those areas. Sec. 4-2-84. Where Smoking Not Regulated. A. Notwithstandin• an other .rovision of this Article to the contra smokin• and e-ci•arettes shall not be .rohibited in .rivate residences unless used as a childcare adult day care or health care facilit . B. Exce.t as otherwise .rovided in this article smokin• and e-ci•arettes shall not be prohibited in private vehicles. C. Areas within the •eo•ra.hical confines of Au.usta Geor•is wherein the Board of Commissioners of Au.lista Geor is does not have 'urisdiction including propert belongin• to the Cit of Hephzibah the Cit of Blythe, the State of Geor•is and the federal •overnment. D. Hookah Bars and Loun•es in existence as of the date of ado stion of this section and which permit wate .i se smokin• on the 'remises as of the date of the adoption of this section. E. Retail Electronic Smoking device stores in existence as of the date of the ado.tion of this section and which .ermit electronic device usa•e as of the date of the adoption of this section. Sec. 4-2-85. Declaration of Establishment or Outdoor Area as Nonsmoking. Notwithstandin• anv other .rovision of this Article an owner operator mana:er, or other .erson in control of an establishment facilit_ or outdoor area ma declare that entire establishment facilit_ or outdoor area as a nonsmokin• .lace. Smokin• and e-ci•arettes shall be .rohibited in an_.lace in which a sin conformin• to the re•uirements of Section 4-2-86 A is .osted. Sec. 4-2-86. Posting of Signs and Removal of Ashtrays. Page 15 of 19 The owner o.erator mana.er or other serson in control of a public 'lace or 'lace of em.lo ment where smokin. and a-ci.arettes are .rohibited b this Article should: A. Clearl and cons.icuousl post "No Smokin." sins or the international "No Smoking" symbol (consisting of a pictorial representation of a burning ci•arette enclosed in a red circle with a red bar across it in that 'lace. B. Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited. C. Clearly and conspicuously post on every vehicle that constitutes a place of em.to ment under this Article at least one si. visible from the exterior of the vehicle, stating that smoking is prohibited. D. Remove all ashtra s from an area where smokin. is srohibited b this Article exce it for ashtra s dis.la ed for sale and not for use on the .remises. Sec. 4-2-87. Nonretaliation; Nonwaiver of Rights. A. No .erson or em.lo er shall dischare refuse to hire or in an manner retaliate a•ainst an em.lo ee a. •licant for em.lo ment customer or resident of a multi le-unit residential facilit because that em ee a. .licant customer or resident exercises an ri.hts afforded b this Article or resorts or attempts to .rosecute a violation of this Article. Notwithstandin' Section 4-2-91 violation of this Subsection shall be a misdemeanor and u son conviction shall be subject to the penalties provided by section 1-6-1 for each violation. B. An em.lo ee who works in a settin. where an em.lo er allows smokin. and e-ci.arettes does not waive or otherwise surrender an le al ri hts the employee may have against the employer or any other party_ Sec. 4-2-88. Enforcement. Page 16 of 19 A. This Article shall be enforced b the Au.usta Geor.is Plannin l and Develo•ment De•artment Director or an authorized desi nee or an law enforcement officer of the Office of the Sheriff. B. Notice of the •rovisions of this Article shall be iven to all a• •licants for a business license in Augusta, Georgia. C. An citizen who desires to re ister a com•laint under this Article ma initiate enforcement with the Augusta, Georgia Planning and Development Department or any law enforcement officer of the Office of the Sheriff. D. The Health Department, Fire Department, or their desi•nees shall, while an establishment is under.oin. otherwise mandated ins•ections ins•ect for compliance with this Article. E. An owner mana.er o•erator or em•to ee of an area re ulated b this Article shall direct a person who is smoking in violation of this Article to extinguish the •roduct bein. smoked. If the serson does not sto• smokin. the owner mana.er o•erator or em•to ee shall refuse service and shall immediatel ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator or em•loyee shall contact a law enforcement a•enc . The obli•ations of an owner mana.er o•erator or employee under this sub-section shall only appl where the owner mana er operator, or employee has knowledge of a smoking violation. F. Notwithstandin. an other •rovision of this Article an em•lo ee or •rivate citizen may bring legal action to enforce this Article. G. In addition to the remedies provided by the provisions of this Section, the De•artment of Health the Au.usta Geor•is Administrator the Plannin. and Develo•ment De sartment Director or an serson a rieved b the failure of the owner o•erator mana•er or other serson in control of a •ublic 'lace or a place of employment to comply with the provisions of this Article may apply for in'unctive relief to enforce those •rovisions in an court of com•etent jurisdiction. Sec. 4-2-89. Violations and Penalties. Page 17 of 19 A. A serson who smokes or uses an a-ci•arette in an area where smoking and e- el.arettes are srohibited b the .rovisions of this Article shall be guilt of an infraction. punishable by a fine not exceeding fift dollars $50), B. Exce.t as otherwise .rovided in Section 4-2-89 A a serson who owns manages aerates or otherwise controls a .ublic .lace or .lace of emslo ment and who fails to com.1 with the .rovisions of this Article shall be guilty of an infraction, punishable by- 1. A fine not exceeding one hundred dollars ($100) for a first violation. 2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year. 3. A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year. C. In addition to the fines established b this Section violation of this Article b a .erson who owns mana g es oserates or otherwise controls a .ublic .lace or place of employment may result in the suspension or revocation of any sermit or license issued to the serson for the .remises on which the violation occurred. D. Violation of this Article is hereb declared to be a .ublic nuisance which ma be abated b the Planning and Develo.ment De s artment Director b restraining order_.relimina and .ermanent inunction or other means .rovided for b law and Aug usta Georg is ma take action to recover the costs of the nuisance abatement including attorne 's fees. E. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. Sec. 4-2-90. Public Education. art Depment of Health shall engage in a continuing pro ram to explain and clarify the .u soses and resuirements of this Article to citizens affected b it and to g uide owners aerators and mana g ers in their com.liance with it. The .ro•ram ma Page 18 of 19 include sublication of a brochure for affected businesses and individuals ex.lainin• the provisions of this ordinance. Sec. 4-2-91. Governmental Agency Cooperation. The Au.usta Geor..is Plannin. and Develo.ment De.artment Director shall annuall re•uest other •overnmental and educational a.encies havin. facilities within Au•usta Geor..is to establish local o.eratin. procedures in coo seration and compliance with this Article. This includes ur..in. all Federal State Au.usta Geor.ia and School District a•encies to update their existin. smokin. control re.ulations to be consistent with the current health findin.s re.ardin. secondhand smoke. Sec. 4-2-92. Other Applicable Laws. This Article shall not be inte .reted or construed to .ermit smokin. or the use of e- ci l arettes where it is otherwise restricted by other applicable laws. Sec. 4-2-93. Liberal Construction. This Article shall be liberall construed so as to further its .0 .oses. Sec. 4-2-94. Severability. If an_.rovision clause sentence or .ara.ra p h of this Article or the as s lication thereof to an serson or circumstances shall be held invalid that invalidit shall not affect the other .rovisions of this Article which can be i iven effect without the invalid .rovision or as s lication and to this end the .rovisions of this Article are declared to be severable. Page 19 of 19