§ 66-38. Enforcement.

(a)

The department of health shall have the power to enforce the provisions of this article. In addition, designated enforcement employees of the department of property management, the department of safety and permits, the department of parks and parkways, the New Orleans Recreation Development Commission, the fire department, and code enforcement shall have the power to enforce the provisions of this article.

(b)

Notice of the provisions of this article shall be given to all business establishments applying for a certificate of occupancy from the New Orleans Department of Safety and Permits.

(c)

Any person who desires to register a complaint under this article may do so by contacting the city's 311 Service Center.

(d)

An owner, manager, operator, or employer of an area where smoking or vaping is prohibited under this article shall direct a person who is smoking or vaping in violation of this article to extinguish or turn off the product. If the person does not stop such use, the owner, manager, operator, or employer shall, if applicable, refuse service and shall immediately ask the person to leave the premises.

(e)

Notwithstanding any other provision of this article, an employee or private citizen may bring legal action to enforce this article.

(f)

In addition to the remedies provided by the provisions of this section, the department of health or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.

(g)

The department of health shall seek to obtain voluntary compliance with this article by means of publicity and education programs, and the issuance of warnings, where appropriate.

(M.C.S., Ord. No. 26201, § 1, 1-22-15)