§ 83.99  PENALTY.
   (A)   Violation of prohibition on smoking or vaping. After an initial warning, any person continuing to smoke or vape in violation of § 83.04 shall be guilty of an infraction and the person committing the infraction is subject to a fine of $50. Conviction of an infraction under this section shall have no consequence other than payment of the penalty and a person smoking or vaping  in violation of this chapter shall not be assessed court costs.
   (B)   Additional sanctions for employees. In addition to any penalty under division (A), any town employee who violates this chapter while on duty for the town shall be subject to disciplinary action consistent with the town's personnel policy.
   (C)   Violations by persons who manage, operate or control a public place. The Director of the Appalachian District Health Department may take the following actions and may impose the following administrative penalties on a person who manages, operates or controls a public place or place of employment and fails to comply with the provisions of this chapter. However, nothing herein shall be construed to in any way limit or negate the powers conferred upon the Director of the Appalachian District Health Department under state law, it being the intent of this chapter to authorize enforcement actions by the Director to the full extent permissible:
      (1)   First violation. Provide the person in violation with written notice of the person’s first violation and notification of action to be taken in the event of subsequent violations;
      (2)    Second violation. Provide the person in violation with written notice of the person’s second violation and notification of administrative penalties to be imposed for subsequent violations; and
      (3)    Subsequent violations. Impose on the person in violation an administrative penalty of not more than $200 for the third and subsequent violations. Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.
   (D)   Violation for littering smoking or vaping refuse. Violations of § 83.05 shall be enforced as follows:
      (1)   After an initial written warning, a second violation of this chapter within any 12-month rolling period by any person shall subject the offender to a civil penalty in the amount of $50 and each subsequent violation within a 12-month rolling period shall subject the offender to a civil penalty for each violation of $100.
      (2)   In addition to the civil penalties, a fourth and any subsequent violation within a 12-month rolling period shall be guilty of an infraction punishable by a fine in the amount of $50.
(Prior Code, § 97.99)  (Ord. passed 12-17-2009; Ord. passed 2-16-2010; Ord. passed 12-16-2019; Ord. passed - -)