§ 11-49. Compliance.

(a)

The building official or designee shall provide each applicant for a certificate of occupancy with a copy of the ordinance.

(b)

All persons, owners, operators, persons in charge or managers of any facility, business or agency within the purview of this chapter shall comply with the provisions of this article.

(c)

The building official or his designee, the Fort Stockton Police Department and Fire Department, may enforce this article by any of the following actions:

(1)

Serving written notice on the owner, operator, person in charge or manager of any facility, business or agency within the purview of this chapter, requiring the correction, within a specified reasonable time frame, of any violation of this article;

(2)

Issuing a municipal court citation; or

(3)

In cases where occupancy permits are required, the building official may deny an occupancy permit.

The Pecos County Health and Sanitation Department may enforce the ordinance as described in subsection (1) above.

(d)

The remedies contained herein are cumulative of, and in addition to, any other remedies that are available to the city at law or in equity.

(e)

In undertaking the enforcement of this ordinance, the city is assuming an undertaking only to promote the general health, safety and welfare of its citizens. The city is not assuming any duty or obligation, nor is it imposing any duty and/or obligation on its officers and/or employees, nor is it liable in money damages or otherwise to any person who claims that:

(1)

The city and/or one of its officers and/or employees breached any such obligation; and

(2)

The breach proximately caused injury.

(Ord. No. 05-118, 11-22-05)

SMOKING ORDINANCE SIGNAGE
EXHIBIT "A"

Signage required by sections 11-45, 11-46, or 11-47 shall comply with the following requirements:

Size: The minimum dimensions of the sign shall be six (6) inches in width and eight (8) inches in height.

Mounting: The required sign shall be mounted at all entrances to the space within twelve (12) inches of the doorjamb. The signs shall be mounted a minimum of sixty (60) inches above the finished door.

Characters: The words "Smoking" or "Non-Smoking" shall be a minimum of one-half (½) inch in height, and shall consist of white letters on any contrasting color background.

The words "City Ordinance No. 05-118, $500 Fine for Violation" shall appear on all signs prohibiting smoking, minimum of one-quarter (¼) inch in height, and shall consist of white letters on any contrasting color background.

The international symbol for "Smoking" or "Non-Smoking" shall appear on each required sign, a minimum diameter of two (2) inches.

(Ord. No. 05-118, 11-22-05)