Section 17-507. Enforcement  


Latest version.
  • a.  The  department  shall  enforce the provisions of this chapter. In
      addition,  designated  enforcement  employees  of  the   department   of
      buildings,  the  department  of  consumer  affairs,  the  department  of
      environmental protection, the fire  department  and  the  department  of
      sanitation  shall  have  the  power  to  enforce  the provisions of this
      chapter.
        b. Any person who desires to register a complaint under  this  chapter
      may do so with the department.
        c. With respect to a public place or place of employment, the operator
      or  employer  shall  inform,  or  shall  designate an agent who shall be
      responsible for informing, individuals smoking in restricted areas  that
      they  are  in  violation  of this local law; provided, however, that the
      obligations under this subdivision with respect  to  an  operator  of  a
      multiple dwelling containing ten or more dwelling units shall be limited
      to  (i)  those  multiple  dwellings  where  an agent is on duty and (ii)
      designating such agent  to  be  responsible  for  informing  individuals
      smoking  in  restricted common indoor areas where such agent is on duty,
      during the times such agent is on duty, that  such  individuals  are  in
      violation of this local law.
        d.  Where an owner or building manager of a public place where smoking
      is prohibited or restricted  pursuant  to  section  17-503  is  not  the
      operator  of  such  public place but has an agent on duty in such place,
      the owner or building manager  shall  designate  such  agent  to  inform
      individuals  smoking  in  restricted  common indoor areas (i) where such
      agent is on duty and (ii) during the times when such agent is  on  duty,
      that such individuals are in violation of this local law.
        e.  Where  an owner or building manager of a building in which a place
      of employment is located  where  smoking  is  prohibited  or  restricted
      pursuant to section 17-504 is not the operator or employer of such place
      of  employment  but  has  an  agent  on duty in such place, the owner or
      building manager  shall  designate  such  agent  to  inform  individuals
      smoking  in  restricted  common  indoor areas (i) where such agent is on
      duty and (ii) during the times when such agent is  on  duty,  that  such
      individuals  are  in violation of this local law. Such owner or building
      manager shall also mail a notice to  tenants  operating  such  place  of
      employment,  informing  such  tenants  of  their  obligations under this
      chapter with respect to such restricted common indoor areas. A  copy  of
      the mailed notice shall be provided to the department upon request.
        f.  The department shall seek to obtain voluntary compliance with this
      chapter by means of publicity and education programs, and  the  issuance
      of warnings, where appropriate.