A. Any person who smokes or vapes in an area where smoking or vaping is prohibited under the provisions of this chapter shall be guilty of an offense punishable by a fine of not less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00).
B. Any person who owns, manages, operates or otherwise controls an enclosed public place, a place of employment, or a designated open air dining area where smoking or vaping is prohibited under the provisions of section 4-4-6 who knowingly allows any person to smoke or vape in an enclosed public place, place of employment or designated open air dining area, shall be shall be guilty of an offense punishable by a fine of not less than:
1. Two hundred fifty dollars ($250.00) for the first violation;
2. Not less than five hundred dollars ($500.00) for a second violation within one (1) year after the first violation; and
3. Not less than two thousand five hundred dollars ($2,500.00) within one (1) year after the second violation.
If offenses occur more than one (1) year from a prior offense date, the cycle of minimum fines set forth in this section shall renew. Upon a third violation within a two (2)-year period by a person/entity holding a village license or permit, the Village President, after a hearing in which the violator may contest the violation or penalty, may suspend or revoke any village license or permit for the premises in which the violation occurred.
C. Each day that any violation of this chapter shall continue shall constitute a separate offense. (Ord. 2019-83, 10-15-2019)