§ 130.99 PENALTY.
   (A)   Each person who smokes or uses vapor products in an area where smoking is prohibited by the provisions of this chapter shall be guilty of a violation, punishable by a fine not exceeding $50.
   (B)   A person who owns, manages, operates, leases or otherwise controls a building or is an employee in a place of employment within a building and who fails to comply with the provisions of this chapter shall be guilty of a violation, punishable by:
      (1)   A fine not exceeding $50 for a first violation within a one-year period;
      (2)   A fine not exceeding $100 for a second violation within one calendar year; and
      (3)   A fine not exceeding $250 for each additional violation within one calendar year.
   (C)   Persons who smoke in an area where smoking is prohibited and who refuse to extinguish their smoking materials when asked may be required to leave the premises. Persons who refuse to leave the premises when so directed shall be guilty of trespass.
   (D)   In addition to the fines established by this section, violations of this chapter by a person who owns, manages, operates, leases or otherwise controls a building or place of employment within a building may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
   (E)   Violation of this chapter is declared to be a public nuisance, which may be abated by officials of the county government or its designated agents by restraining order, preliminary and permanent injunction or other means provided for by law. The county may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance.
   (F)   Each incident in which a violation of this chapter occurs shall be considered a separate and distinct violation.
(Ord. 8 (2012), passed 5-4-2012; Ord. 11-2019, passed 12-20-2019)