§ 95.99 PENALTY.
   (A)   A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be guilty of an infraction, punishable by a fine not exceeding $50.
   (B)   A person who owns, manages, operates or otherwise controls a public place or place of employment and who fails to comply with the provisions of this chapter shall be guilty of an infraction, punishable by:
      (1)   A fine not exceeding $100 for a first violation;
      (2)   A fine not exceeding $200 for a second violation within one year; and
      (3)   A fine not exceeding $500 for each additional violation within one year.
   (C)   Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.
(Ord. 04-001, passed 6-22-2004)