O-2013-3475 amending City smoking regulations

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Ordinance No. 2013- 2M 6 - Page 8 (d) The Fire Marshal or their designee, after proper identification, shall be permitted to enter any public place and place of employment at any reasonable time, for the purpose of making inspections and examining applicable records of the establishment to determine compliance with this division. Sec. 34-61. Rules and regulations. The fire marshal or their designee is authorized to promulgate rules and regulations for the enforcement of this division. Sec. 34-62. Violations and penalties. (a) A person commits an offense if he is smoking in an area where smoking is prohibited by the provisions of this division. (b) It shall be the duty of every person in control of an area where smoking is prohibited by the provisions of this division to request any person known to be smoking in such area to extinguish the burning tobacco product. Any knowing or intentional failure to maintain compliance with such duty shall constitute an offense. (c) Whenever in this division an act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or whenever in this division the doing of anything or act is required or the failure to do anything or act is prohibited, the violation of the provision shall be and constitute a misdemeanor punishable, upon conviction, by a fine in an amount established by the city and listed in appendix B of this Code. Each violation shall constitute and be punishable as a separate offense. Prosecution or conviction under this provision is cumulative of and shall never be a bar to any other civil or administrative remedy provided or allowed in this division or by law. Sec. 34-63. Other applicable laws. This division shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Sec. 34-64. Reserved."