Loading...
A. Any owner or manager of a business or other establishment subject to the provisions of this chapter may apply to the City Manager or his or her designee for an exemption or modification to any provision of this chapter due to unusual circumstances or conditions, after which a hearing before the City Manager or his or her designee shall be conducted at a mutually agreeable time.
B. Such exemption shall be granted only if the City Manager or designee finds from the evidence presented that due to such unusual circumstances, the failure to comply with the provisions for which the exemption is requested will not result in a danger to health or annoyance, inconvenience, or discomfort to non-smoking members of the public.
C. The applicant for an exemption shall pay the sum of fifty dollars ($50) to cover actual investigation and administrative costs to be incurred. The decision of the City Manager or his or her designee will be final.
(Ord. 777, passed 7-16-85)
A. It shall be unlawful to wilfully mutilate or destroy any signs required by this chapter.
B. It shall be unlawful to smoke in any area posted as a non-smoking area.
C. Violation of any of the provisions of this chapter shall be deemed an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as follows:
1. A fine not exceeding one hundred dollars ($100) for a first violation;
2. A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year;
3. A fine not exceeding five hundred ($500) for each additional violation of the same ordinance within one year. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law.
(Ord. 777, passed 7-16-85)
A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance.
(Ord. 777, passed 7-16-85)