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<br /> Hawaii Smoke Free:: The Law Page 5 of 7 <br /> <br /> <br /> pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, <br /> shall be clearly and conspicuously posted in and at the entrance to every place open to the public <br /> and place of employment where smoking is prohibited by this chapter by the owner, operator, <br /> manager, or other person in control of that place. <br /> § -10 Nonretaliation and nonwaiver of rights. (a) No person or employer shall discharge, <br /> refuse to hire, or in any manner retaliate against an employee, applicant for employment, or <br /> customer because that employee, applicant, or customer exercises any rights afforded by this <br /> chapter or reports or attempts to prosecute a violation of this chapter. <br /> (b) An employee who works in a setting where an employer allows smoking does not waive or <br /> otherwise surrender any legal rights the employee may have against the employer or any other <br /> party. <br /> § -11 Compliance and administration. (a) Enforcement of compliance with this chapter shall <br /> be under the jurisdiction of the department. <br /> (b) The director shall adopt rules under chapter 91 as are appropriate to carry out the purposes <br /> of this chapter and for the efficient administration thereof. <br /> (c) Any citizen who wants to register a complaint under this chapter may initiate an enforcement <br /> action with the department as set forth by the director. <br /> (d) An owner, manager, operator, or employee of an establishment regulated by this chapter <br /> shall inform persons violating this chapter of its provisions. <br /> (e) Notwithstanding any other provision of this chapter, an employee or private citizen may bring <br /> legal action to enforce this chapter. <br /> (f) Notwithstanding any other provision of this chapter, the department, other appropriate county <br /> agency, county, or any other person aggrieved by the failure of the owner, operator, manager, or <br /> other person in control of a place open to the public or a place of employment to comply with this <br /> chapter may apply for injunctive relief to enforce this chapter in any court of competent <br /> jurisdiction. <br /> § -12 Penalties. (a) A person who smokes in an area where smoking Is prohibited by this <br /> chapter shall be guilty of a violation and fined not more than $50 to be deposited Into the <br /> general fund. The district courts may assess costs not to exceed $25 for Issuing a penal <br /> summons upon any person who fails to appear at the place within the time specified in the <br /> citation issued to the person. <br /> (b) Any authorized police officer, upon making an arrest, shall take the name and address of the <br /> alleged violator and shall issue the violator a summons or citation in writing. <br /> (c) There shall be provided for use by an officer or employee of the respective government <br /> jurisdictions, duly authorized to issue a summons or citation, or any police officer, a form of <br /> summons or citation for use in citing a violator of this chapter that shall not provide for the <br /> physical arrest of the violator. The form and content of this summons or citation shall be as <br /> adopted or prescribed by the administrative judge of the district court. When a citation is issued, <br /> the original of the citation shall be given to the violator; provided that the administrative judge of <br /> the district court may prescribe that the violator be given a copy of the citation and provide for <br /> the disposition of the original and any other copies. Every citation shall be consecutively <br /> numbered and each copy shall bear the same number as its respective original. <br /> (d) If any person fails to comply with a penal summons given to the person, the court shall Issue <br /> a warrant for the person's arrest. <br /> (e) Any police officer or other officer or employee of the respective government jurisdictions may <br /> eject from the premises any person to whom a citation has been Issued and who continues to <br /> smoke after the person has been so cited. <br /> (f) A person who owns, manages, operates, or otherwise controls any place or facility designated <br /> by this chapter and fails to comply with this chapter shall be guilty of a violation and fined: <br /> (1) Not more than $100 for a first violation; <br /> (2) Not more than $200 for a second violation within one year of the date of the first violation; <br /> and <br /> http://www.hawaiismokefree.com/the_law.html 1/28/2008 <br />