§ 138.99 PENALTY.
   (A)   A person, corporation, partnership, association or other entity who violates this chapter shall be fined and/or enjoined pursuant to this section. Each day that a violation occurs is a separate violation.
   (B)   A person who smokes in an area where smoking is prohibited under this chapter shall be fined in an amount that is not less than $100 and not more than $250. In determining the amount of the fine, the village will consider the type(s) of violation(s) committed, past violations documented and whether payment was received from past violations, if applicable.
   (C)   (1)   A person who owns, operates or otherwise controls a public place or place of employment who violates this chapter shall be fined:
         (a)   Not less than $250 for the first violation;
         (b)   Not less than $500 for the second violation within one year after the first violation; and
         (c)   Not less than $2,500 for each additional violation within one year after the first violation.
      (2)   In determining the amount of the fine, the village will consider the type(s) of violation(s) committed, past violations documented and whether payment was received from past violations, if applicable.
   (D)   In addition to any fine provided in this section, the village may institute, in a circuit court, an action to enjoin violations of this chapter.
(Ord. 2429, passed 12-3-07)