Sec. 12-44. Penalties:
   (a)   Any person who smokes in an area where smoking is prohibited under the provisions of this article shall be guilty of an offense punishable by:
      (1)   A fine of not less than twenty five dollars ($25.00) for a first violation.
      (2)   A fine of not less than fifty dollars ($50.00) for a second violation.
      (3)   A fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for a third and subsequent violation(s).
   (b)   Any person who owns, manages, operates or otherwise controls a public place, a place of employment or an open air dining area that permits smoking in an area where smoking is prohibited under the provisions of this article, shall be guilty of an offense punishable by a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00).
   (c)   Each day that any violation of this article shall continue shall constitute a separate offense. (Ord. 0-05-51, 12-19-2005)