§ 37.99 PENALTY.

   (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)   A person who smokes in an area where smoking is prohibited by the provisions of §§ 37.15 through 37.30 of this chapter shall 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 or places of employment and who fails to comply with the provisions of §§ 37.15 through 37.30 of this chapter shall be guilty of a violation, punishable by:

         (a)   A fine not exceeding $50 for a first violation within a one-year period;

         (b)   A fine not exceeding $100 for the second violation within one year; and

         (c)   A fine not exceeding $250 for each additional violation within one year.

      (3)   In addition to the fines established by this division (B), violations of §§ 37.15 through 37.30 of this chapter by a person who owns, manages, operates or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.

      (4)   Violation of §§ 37.15 through 37.30 of this chapter is declared to be a public nuisance, which may be abated by the city or its designated agents by restraining order, preliminary and permanent injunction or other means provided for by law. The city may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance.

      (5)   Each day on which a violation of §§ 37.15 through 37.30 of this chapter occurs shall be considered a separate and distinct violation.

(Prior Code, § 125.13) (Ord. 24-2006, passed 10-16-2006)