§ 98.99 PENALTY.
   (A)   An owner, manager, proprietor, lessee or other person in control of the premises who violates any provision herein, including a person who smokes in an area where smoking is prohibited, shall be subject to the following penalties:
      (1)   A fine of $25 for the first offense;
      (2)   A fine of $ 100 for the second offense;
      (3)   A fine of $250 for the third and each subsequent offense;
      (4)   Persons who smoke in an area where smoking is prohibited and who refuse to extinguish their smoking material when asked may be required to leave the premises and shall be subject to prosecution for trespass if they do not leave when asked;
      (5)   If the person who violates any provisions of this chapter is the owner, manager, proprietor, lessee or other person in control of the premises, the fines described in divisions (1) through (3) above shall be doubled.
   (B)   Each calendar day during which the violation occurs shall constitute a separate and distinct offense.
(Ord. 09-01, passed 6-1-2009; Am. Ord. 19-01, passed 6-3-2019)