(a)

This chapter shall be enforced by:

(1)

The deputy director of the department of business and neighborhood services, division of construction and business services;

(2)

Fire department personnel authorized to conduct fire inspections in accordance with section 591-221;

(3)

Officers of the Indianapolis Metropolitan Police Department; and

(4)

The director of the division of public health, the director's authorized representative, a supervisor in the division, or an environmental health specialist of the Health and Hospital Corporation of Marion County.

(b)

An owner, manager, operator, or employee of an establishment regulated by this chapter shall inform persons violating this chapter of the appropriate provisions thereof and shall ask those persons to refrain from smoking.

(c)

For a business that elects to be exempted under the provisions of section 616-204(a)(3), it shall be the duty of the owner, manager, or operator to ensure that no persons under the age of eighteen (18) are allowed to enter, except as provided by state law.

(G.O. 44, 2005, § 1; G.O. 63, 2009, § 64; G.O. 12, 2012, § 4; G.O. 41, 2016, § 2)

(a)

A person who smokes in an area where smoking is prohibited by the provisions of this chapter, or a person who owns, manages, operates, or otherwise controls a public place, place of employment, or other area where smoking is prohibited under this chapter, and who fails to comply with the provisions of this chapter shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau as provided in article III of chapter 103 of this Code for the first violation in a calendar year. All second and subsequent violations in a calendar year are subject to the enforcement procedures and penalties provided in section 103-3 of the Code, provided, however, that the minimum penalty for any subsequent violation shall be at least two hundred dollars ($200.00).

(b)

In addition to the fines established by this section, violation of this chapter by a person who owns, manages, operates, or otherwise controls a public place, place of employment, or other area where smoking is prohibited by this chapter may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.

(c)

Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.

(G.O. 44, 2005, § 1)