New Braunfels, TX Code Violation Reporting: How to Report (2026)
Key Facts
- Who to contact
- Environmental services division
- Co-enforcers
- Fire, code enforcement, building, police
- Who can complain
- Any citizen, not just those affected
- Staff duty
- Warn violator, request compliance first
- Retaliation
- Prohibited against reporters under (f)
- Extra remedy
- Injunctive relief in court
Summary
New Braunfels lets any citizen register a smoking-ordinance complaint directly with the environmental services division, which enforces the article alongside the fire department, code enforcement, building division, and police department. Owners and managers of covered establishments must first tell violators the rule and ask for immediate compliance, and retaliation against anyone who reports a violation is itself prohibited.
Sec. 62-340. - Reporting violations. (a)This article shall be enforced by the environmental services division or their designee such as: the fire department, code enforcement, building division, and police department. (b)Any citizen who desires to register a complaint under this chapter may initiate enforcement with the environmental services division or their designee. (c)The environmental services division, fire department, or their designees shall, in addition to the otherwise mandated inspections, inspect for compliance with this article. (d)An owner, manager, operator, or employee of an establishment regulated by this article shall inform persons violating this chapter of the appropriate requirements of this article and then request immediate compliance. (f)No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this article or reports or attempts to prosecute a violation of this article.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
Sec. 62-340 spells out how the city's smoking-in-public-places article, Sec. 62-337 through Sec. 62-339, gets enforced and reported. Subsection (a) names the environmental services division as the lead enforcer, working through designees that include the fire department, code enforcement, the building division, and the police department. Subsection (b) gives any citizen the right to initiate enforcement by registering a complaint with the environmental services division or its designee, without needing to be the person directly affected by the smoke. Subsection (c) directs the environmental services division and fire department to inspect for compliance on top of any inspections already required elsewhere in the code, so smoking compliance can be checked during routine health or fire inspections rather than only after a complaint.
Subsection (d) puts a first-line duty on the owner, manager, operator, or employee of a regulated establishment: when they see a violation, they must inform the violator of the article's requirements and request immediate compliance before the city has to step in. Subsection (f) protects the reporting process itself, barring an employer from discharging, refusing to hire, or otherwise retaliating against an employee, applicant, or customer because that person exercised their rights under the article or reported or tried to prosecute a violation.
Violations & Fines
Retaliating against an employee, applicant, or customer for reporting a smoking violation or exercising rights under the article violates Sec. 62-340(f). An owner, manager, or employee who fails to inform a violator of the rule and request compliance under subsection (d) is separately out of compliance, and the environmental services division or its designees can pursue injunctive relief in addition to any other remedy.
Frequently Asked Questions
Who enforces New Braunfels' smoking complaint process?
How does a resident report a smoking violation in New Braunfels?
Can an employer retaliate against someone who reports a smoking violation?
Sources & Official References
Other rules in New Braunfels
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