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142d-8
142D.8 ENFORCEMENT.
1. This chapter shall be enforced by the department of public
health or the department's designee. The department of public health
shall adopt rules to administer this chapter, including rules
regarding enforcement. The department of public health shall provide
information regarding the provisions of this chapter and related
compliance issues to employers, owners, operators, managers, and
other persons having custody or control of a public place, place of
employment, area declared a nonsmoking place pursuant to section
142D.5, or outdoor area where smoking is prohibited, and the general
public via the department's internet site. The internet site shall
include sample signage and the telephone number for reporting
complaints. Judicial magistrates shall hear and determine violations
of this chapter.
2. If a public place is subject to any state or political
subdivision inspection process or is under contract with the state or
a political subdivision, the person performing the inspection shall
assess compliance with the requirements of this chapter and shall
report any violations to the department of public health or the
department's designee.
3. An owner, operator, manager, or other person having custody or
control of a public place, place of employment, area declared a
nonsmoking place pursuant to section 142D.5, or outdoor area
regulated under this chapter shall inform persons violating this
chapter of the provisions of this chapter.
4. An employee or private citizen may bring a legal action to
enforce this chapter. Any person may register a complaint under this
chapter by filing a complaint with the department of public health or
the department's designee.
5. In addition to the remedies provided in this section, the
department of public health or the department's designee or any other
person aggrieved by the failure of the owner, operator, manager, or
other person having custody or control of a public place, place of
employment, area declared a nonsmoking place pursuant to section
142D.5, or outdoor area regulated by this chapter to comply with this
chapter may seek injunctive relief to enforce this chapter. Section History: Recent Form
2008 Acts, ch 1084, §8
