§ 130.99 PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   Any person who violates § 130.01(B) or (C) shall be guilty of a Class B misdemeanor, and shall be subject to a fine of not less than $10 nor more than $250, and/or imprisoned for a period of not longer than 90 days.
   (C)   Any person who shall violate § 130.02 shall be guilty of a Class B misdemeanor and shall be subject to a fine and/or imprisonment as provided in the Kentucky Revised Statutes for a Class B misdemeanor.
   (D)   (1)   A person who smokes in an area where smoking is prohibited and does not comply with a request to cease smoking may be guilty of a violation, punishable by a fine not exceeding $50.
      (2)   A person who owns, manages, operates, or otherwise controls a public place and who fails to comply with the provisions of §§ 130.15 through 130.21 may be guilty of a violation, punishable by:
         (a)   A fine not exceeding $50 for a first violation within a one-year period; or
         (b)   A fine not exceeding $100 for each additional violation within one year.
      (3)   Violation of §§ 130.15 through 130.21 is declared to be a public nuisance, which may be abated by the city, county, or its designated agents by restraining order, preliminary and permanent injunction, or other means provided for by law. The city and county may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance.
      (4)   Each day on which a violation of §§ 130.15 through 130.21 occurs shall be considered a separate and distinct violation.
   (E)   Violations of § 130.36 shall be punishable, on a first offense, by a mandatory minimum fine of $100, with neither fine nor costs suspended, and, on second and subsequent offenses, by a fine of $200, plus costs, with neither fine nor costs suspended.
   (F)   Any parent found to be in violation of § 130.53(B), for whom there is no available defense to prosecution, shall be subject to a fine not to exceed $250 for each defense.
(Ord. KOC 1020.1, passed 10-28-1980; Ord. KOC 1030.1 (94), passed 3-30-1994; Ord. 1011.1, passed 5-19-1999; Ord. KOC 450.1 (2005), passed 12-15-2005; Ord. KOC 1010.8 (2009), passed 7-2-2009)