(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Any person who smokes in an area where smoking is prohibited by the provisions of § 36.087 shall be guilty of a violation, punishable by:
(a) A fine not exceeding $100 for a first violation;
(b) A fine not exceeding $250 for a second violation within one year from a previous offense date; and
(c) A fine not exceeding $500 for a third violation and each additional violation within one year from a previous offense date.
(2) Violation of § 36.087 is declared to be a public nuisance, which may be abated by the County Fiscal Court, or its designated agents, by restraining order, preliminary and permanent injunction, or other means provided for by law. The County Fiscal Court, or its designated agents may recover the reasonable cost of any court enforcement action seeking abatement of this nuisance.
(3) Each day on which a violation of § 36.087 occurs shall be considered a separate and distinct violation. Multiple violations witnessed in a single observance shall also be considered separate and distinct violations.
(C) Any person who violates any provision of § 36.088 after he or she has been duly notified of such provisions by the sheriff of the election precinct shall, for each offense, be fined not more than $500 or be imprisoned for a term not to exceed 12 months, or both so fined and so imprisoned.
(Ord. 2004-15, passed 8-11-2004; Ord. 2009-11, passed 7-8-2009)