Michigan Compiled Laws
368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617)
Section 333.12613 - Enforcement; Civil Fine; Injunctive Relief; Remedies Independent and Cumulative.

Sec. 12613.
(1) Subject to subsection (2), the department shall enforce this part and part 129 and any rules promulgated under this part pursuant to sections 2262(2) and 2263. In addition to the civil fine authorized under section 12611, the department may enforce this part and any rules promulgated under this part through an action commenced pursuant to section 2255 or any other appropriate action authorized by law.
(2) Pursuant to section 2235, the department may authorize a local health department to enforce this part and part 129 and any rules promulgated under this part. A local health department authorized to enforce this part and part 129 and any rules promulgated under this part shall enforce this part and part 129 and any rules promulgated under this part pursuant to sections 2461(2) and 2462. In addition to the civil fine authorized under section 12611, a local health department may enforce this part and part 129 and any rules promulgated under this part through an action commenced pursuant to section 2465 or any other appropriate action authorized by law.
(3) In addition to any other enforcement action authorized by law, a person alleging a violation of this part may bring a civil action for appropriate injunctive relief, if the person has used the public place, child caring institution, or child care center within 60 days before the civil action is filed.
(4) The remedies under this part are independent and cumulative. The use of 1 remedy by a person shall not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person.
History: Add. 1986, Act 198, Eff. Jan. 1, 1987 ;-- Am. 1988, Act 294, Eff. Oct. 1, 1988 ;-- Am. 1988, Act 296, Eff. Mar. 30, 1989 ;-- Am. 1988, Act 315, Eff. Mar. 30, 1989 ;-- Am. 2009, Act 188, Eff. May 1, 2010 Popular Name: Act 368

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 333 - Health

Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)

Article 12 - Environmental Health (333.12101...333.13832)

368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617)

Section 333.12601 - Definitions.

Section 333.12603 - Smoking in Public Place or at Meeting of Public Body Prohibited; Duties of Owner, Operator, Manager, or Person Having Control of Public Place, Food Establishment, or Casino; Good Faith Effort to Prohibit Smoking; Affirmative Defen...

Section 333.12604 - Smoking in a Child Caring Institution or Child Care Center or on the Real Property Under Control of Institution or Center; Violation; Penalties.

Section 333.12604a, 333.12605 - Repealed. 2009, Act 188, Eff. May 1, 2010.

Section 333.12606 - Retaliatory or Adverse Personnel Action Against Employee or Applicant Prohibited.

Section 333.12606a - Cigar Bar or Tobacco Specialty Retail Store in Existence on Effective Date of Section; Exemption From Smoking Prohibition; Affidavit; Request for Additional Information; Failure to File Affidavit.

Section 333.12606b - Casino in Existence on Effective Date of Section; "Gaming Area" Defined.

Section 333.12607 - Repealed. 2009, Act 188, Eff. May 1, 2010.

Section 333.12609 - Rules.

Section 333.12610 - Rules Prohibited.

Section 333.12611 - Violation; Compliance; Civil Fine; Perjury.

Section 333.12613 - Enforcement; Civil Fine; Injunctive Relief; Remedies Independent and Cumulative.

Section 333.12614 - Reports.

Section 333.12615 - Repealed. 2009, Act 188, Eff. May 1, 2010.

Section 333.12616 - Short Title.

Section 333.12617 - Repealed. 2009, Act 188, Eff. May 1, 2010.