(A) The owner, operator and/or the person or entity in control of every building open to the public, including indoor workplaces, restaurants and other indoor facilities, that permits smoking shall post in a prominent place at every entrance to the building, a sign that alerts workers and members of the public that smoking is permitted on the premises.
(B) The sign referenced in division (A) of this section, which at times may be referred to as the “Smoking Notice Sign”, shall read as follows:
“[Logo of the City of Alexandria]
NOTICE: This establishment permits smoking
Studies show that secondhand smoke is hazardous to your health”
(C) The smoking notice sign shall not be required to be any larger than eleven (11) inches by seventeen (17) inches and shall be available for purchase from the City of Alexandria at cost. Any sign not purchased from the city that is intended to conform to the requirements fo this section, shall be substantially similar to the city’s sign and shall first be submitted to and approved by the city prior to being displayed.
(D) The smoking notice sign shall be placed at each entrance at a location in which the sign is clearly visible from the outside prior to entrance in to the building open to the public that permits smoking. Each entrance means all entrances, including those entrances that are not necessarily used by the public, but rather are used by employees, for deliveries or for other private purposes.
(E) Enforcement/penalties.
(1) Any person, company, business, firm corporation or other entity subject to the provisions of this section that violates the same, and which is otherwise required by law to obtain a license or a permit pursuant to city ordinance or as codified in the Alexandria Code of Ordinances, shall be subject to the revocation of his/her/its license or permit.
(2) Any violation of any provision of this ordinance is hereby classified as a civil offense pursuant to KRS 65.8808 and subchapter §§ 35.60 et seq., of the Alexandria Code of Ordinances, and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with the provisions of this chapter, and nothing contained herein, or subchapter §§ 35.60 et seq., shall prohibit the enforcement of the provisions of this chapter by any other means authorized by law, specifically, without limitation, the penalty provision of division (E)(3).
(a) If a citation for a violation of any provision of this chapter is not contested by the person charged with the violation and the violation is timely remedied, the civil fine to be imposed for each offense shall be fifty dollars ($50.00) for the first offense, ninety dollars ($90.00) for the second offense, and two hundred dollars ($200.00) for the third, and thereafter, offense.
(b) If a citation is contested and a hearing before the Code Enforcement Board is required, or if a violation is not remedied, the maximum civil fine which may be imposed at the discretion of the Board shall be two hundred dollars ($200.00) for the first offense, six hundred dollars ($600.00) for the second offense, and one thousand eight hundred dollars ($1,800.00) for the third, and thereafter, offense.
(c) Each section violated shall be considered a separate fineable offense. If two (2) or more sections are violated, the fines shall be cumulative and enforceable under the same citation. Each day a violation exists shall be considered a separate offense without issuance of a separate citation.
(3) Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00). Each days violations shall constitute a separate offense.
(Ord. 2005-20, passed 12-1-05)