13-4.01   Civil Penalties, Fine Schedule.
   Any person violating any of the provisions of this Chapter, with the exception of the section specifically listed below as a criminal offense, shall be subject to civil fines as set out below.
   a.   If a citation for a violation of this Chapter is not contested by the person charged with the violation, the maximum penalties below shall apply; however, the Code Enforcement Board may waive any or all of a penalty for an uncontested violation, if in its discretion, the Board determines that such waiver will promote compliance with this Chapter. A second offense is an offense that occurs within one (1) year of the determination by the Code Enforcement Board of a prior offense. All others are those that occur within one (1) year of the determination by the Code Enforcement Board of two (2) or more prior offenses.
 
Violation
1st Offense
2nd Offense
3rd Offense
Smoking in Prohibited Area
$25.00
$50.00
$100.00
 
   b.   If the citation is contested and a hearing before the Code Enforcement Board is required, the following maximum penalties may be imposed at the discretion of the Board:
 
Violation
1st Offense
2nd Offense
3rd Offense
Smoking in Prohibited Area
$50.00
$100.00
$200.00
 
(Ord. BG2011-5, 1/24/2011)