Skip to code content (skip section selection)
(A) Any person violating any provision of this chapter, for which no specific penalty is otherwise provided, shall, upon conviction thereof, pay a fine of not more than $2,500. Each day any violation shall continue shall constitute a separate offense. In all cases where the same offense may be made punishable, or may be created by different clauses or sections of the ordinances of the city, the City Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense. Notwithstanding the foregoing, the penalty provision contained therein is not intended to be applicable to §§ 95.60 through 95.73.
(B) Any person violating any of the provisions of § 95.01 shall be deemed guilty of a violation, and upon conviction thereof, shall be fined in an amount not exceeding $300. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(E) A business entity which allows a violation of §§ 95.61 through 95.71 or otherwise fails to comply with it shall be issued a warning on a first violation and shall be subject to a civil fine of up to $100 for a second violation, up to $500 for a third violation, and up to $2,500 per day for subsequent violations.
(F) Any person, except for persons smoking in dining areas in restaurants, who violates this subchapter shall be subject to a civil fine of $25 for a first violation, $100 for a second violation, and $250 for each additional violation. A person who violates this subchapter by smoking in dining areas, or who violates the Indiana Prohibition on Smoking codified at IC 7.1-5-12, shall be subject to the fines and penalties as set forth in IC 7.1-5-12-8, IC 7.1-5-12-9, and IC 7.1-5-12-10, and nothing herein shall be construed to restrict local law enforcement agents from enforcing such penalties.
(Ord. G-03-07, passed 1-23-07; Am. Ord. G-14-07, passed 6-5-07; Am. Ord. G-1-22, passed 2-8-22)