(A) A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be guilty of a violation, punishable by a fine not exceeding $50 plus court costs.
(B) Except as otherwise provided in § 123.11(A), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this chapter shall be guilty of a violation, punishable by:
(1) A fine not exceeding $100 plus court costs for a first violation;
(2) A fine not exceeding $200 plus court costs for a second violation within one year of the first violation date;
(3) A fine not exceeding $250 plus court costs for each additional violation within one year of the second violation date.
(C) In addition to the fines established by this section, violation of this chapter by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
(D) Violation of this chapter is hereby declared to be a public nuisance, which may be abated by the Bardstown Police Department or Code Enforcement Office by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City of Bardstown may take action to recover the costs of the nuisance abatement.
(E) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.
(Ord. B2010-04, passed 3-9-10)