§ 28-12. Enforcement.

(a)

The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(b)

Each incident of smoking or use of tobacco products or other conduct in violation of this chapter shall be subject to enforcement pursuant to chapter 31 of this Code.

(c)

The health department officer shall require, while an establishment is undergoing otherwise mandatory inspections, certification from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with.

(d)

Violations of this chapter are subject to a civil action brought by the town, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation.

(e)

Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

(f)

Any violation of this chapter is hereby declared to be a nuisance.

(g)

In addition to other remedies provided by this chapter, this code, or by other law, any violation of this chapter may be remedied by a civil action brought by the town attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

(h)

Any person acting for the interests of itself, its members, or the general public (hereinafter "private enforcer") may bring a civil action in any court of competent jurisdiction, including small claims court, to enforce this chapter against any person who has violated this chapter two or more times. Upon proof of the violations, a court shall grant all appropriate relief, including awarding damages and/or issuing an injunction or a conditional judgment.

(i)

Except as otherwise provided, enforcement of this chapter is at the sole discretion of the town. Nothing in this chapter shall create a right of action in any person against the town or its agents to compel public enforcement of this chapter against private parties.

(j)

The purposes of this chapter are to restrict and/or prohibit smoking and use of tobacco products for the benefit of the public health, safety and welfare. This chapter establishes no new rights for a person who engages in smoking or the use of tobacco products. Notwithstanding (1) any provision of this chapter or other provisions of this code; (2) any failure by any person to restrict smoking or use of tobacco products under this chapter; or (3) any explicit or implicit provision of this chapter that allows smoking or use of tobacco products in any place; nothing in this chapter shall be interpreted to limit any person's legal rights to seek redress or recovery of damages under other laws as a result of smoking or use of tobacco products, including, for example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles.

(Ord. No. 531 N.S., § 3, 7-20-2011; Ord. No. 579 N.S. , § 2(A), (V), 7-18-2018)