Enforcement, Violations and Penalties

El Paso City Code tit. 9, ch. 9.50, art. VI

in effect

El Paso City Code § 9.50.110 Enforcement.

9.50.110 - Enforcement. A. Enforcement of this chapter shall be implemented by the city development department, city's department of environmental services, the city's department of public health, and the city's fire and police departments. B. Any person may register a complaint under this chapter to initiate enforcement with the city's department of public health, the city's department of environmental services and the city's police department. C. It shall be an affirmative defense to prosecution of an owner, manager or other person having control of an establishment regulated by this chapter if the owner, manager or other person having control of an establishment regulated by this chapter asks a smoker to stop smoking and if the smoker does not cease smoking inside that establishment regulated by this chapter, the owner, manager or other person having control of an establishment regulated by this chapter shall place a no smoking sign on the table and shall contact the departments identified in Subsection 9.50.110A.

El Paso City Code § 9.50.120 Nonretaliation.

9.50.120 - Nonretaliation. No person nor employee shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smoke free environment afforded by this chapter.

El Paso City Code § 9.50.130 Violations and penalties.

9.50.130 - Violations and penalties. A. It shall be unlawful for an owner, manager or other person having control of an establishment regulated by this chapter to fail to comply with all of its provisions, except for violations noted in Subsection 9.50.130B. B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter. C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by: 1. Any person who violates any provision of this chapter shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars; 2. Any person who violates any provision of this chapter within one year of receiving a fine under Subsection 9.50.130C.1, shall be guilty of an infraction punishable by a fine not to exceed two hundred dollars; 3. Any person who violates any provision of this chapter within one year of receiving a fine under Subsection 9.50.130C.2, shall be guilty of an infraction punishable by a fine not to exceed five hundred dollars.

El Paso City Code § 9.50.140 Other applicable laws.

9.50.140 - Other applicable laws. This chapter shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws.

El Paso City Code § 9.50.150 Severability.

9.50.150 - Severability. It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of the ordinance are severable and if any section, paragraph, sentence, clause, or phrase shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases herein.

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.50PUWOSMRE_ARTVIENVIPEFetched: 10/28/2026