Derby Clean Indoor Air Ordinance
Smoking Complaint Procedures
Smoking complaints that are not sufficiently addressed by an establishment’s management should be reported to the Derby Police Department’s non-emergency line at (316) 788-1557.
The next available responder will investigate the complaint and make contact with the owner, manager or operator of the establishment and, if possible, the offending party to notify them of the complaint and educate them on the ordinance and/or take steps to enforce the ordinance.
It starts with education. It results in clean indoor air.
WHAT SHOULD I DO?
What should I do if I am a patron in a smoke-free establishment and someone lights up?
Immediately and discretely draw the attention of the establishment’s management or an employee to the offense. They are responsible for initially addressing the violation. After they address the situation, please feel free to convey your appreciation for their efforts and for providing you with a smoke-free establishment.
If, however, you feel like management failed to adequately address the situation, you may call the Derby Police Department’s non-emergency line at (316) 788-1557 to report the violation and management’s inability or unwillingness to rectify the offense. Your complaint will be recorded and investigated by the next available officer.
What should I do if I manage or am an employee of a smoke-free establishment and a patron lights up?
Business owners can help their customers comply with a no-smoking policy by removing ashtrays, posting "No Smoking" signs, and discussing the upcoming change with patrons ahead of time.
If a patron should light-up in the business, the business owner or facility manager is empowered to ask the patron to extinguish the cigarette. A simple explanation of “Sorry! City ordinance!” often suffices.
While other communities that have adopted similar ordinances have found that the vast majority of patrons readily comply, on the occasion that a patron should insist on violating the ordinance, the business owner is empowered to take the same measures as they would for anyone violating house rules or other local or state laws including refusing service, escorting the person from the business, and reporting the incident to law enforcement.
Check out the law yourself
Any summary provided on the Derby Clean Indoor Air Ordinance is not intended to be comprehensive or provide an authoritative legal interpretation. For more detailed information about the ordinance, please refer to the actual text of the law.
You may access the ordinance here. To obtain a paper copy of the ordinance, please visit City Hall located at 611 Mulberry Road (8 a.m. to
5 p.m., Monday through Friday).
Questions or comments? Please email webmaster@derbyweb.com.
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