§ 39.999 PENALTY.

   (A)   Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.999.

   (B)   Smoke-free environment on or in municipal property.

      (1)   The official in charge of a public building in the city (or his or her designee), shall request persons who are smoking in violation of §§ 39.020 through 39.024 to stop smoking and may remove a person who fails to stop smoking after being requested to do so. Failure of an official in charge of a public building (or his or her designee), to request a person to stop smoking shall constitute a similar violation, as will unauthorized removal of posted signs.

      (2)   Any person who smokes in a public building or vehicle according to the terms in § 39.021, shall commit an infraction. The penalty for an infraction shall be trebled where the same individual has at least three previous related judgments that are accrued for violating this section within the 12 months immediately preceding the violation.

      (3)   Each day on which a violation of §§ 39.020 through 39.024 occurs shall be considered a separate and distinct violation and a financial penalty of an amount as set by the city from time to time shall be levied for each finding of guilt except wherein noted above.

      (4)   Periodic inspections of facilities and vehicles are to be performed by the Police Department, Fire Department, Building Department, Health Department and Occupational Safety Department representatives from any one of the aforementioned departments may request persons who are smoking in violation of §§ 39.020 through 39.024 to stop smoking and may have removed, a person who fails to stop smoking after being requested to do so.

(Prior Code, § 42.99) (Ord. 0-05-0013, passed 7-25-2005)