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§ 29.5-5 OWNER/OPERATOR RESPONSIBILITIES.
   (a)   The owner and/or operator of a public place shall conspicuously post a “No Smoking” sign, the international “No Smoking” symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it) or other sign containing words or pictures that prohibit smoking:
      (1)   In each public place and workplace where smoking is prohibited by this chapter; and
      (2)   At each entrance to a public place or workplace.
   (b)   The owner/operator of a public place shall conspicuously post signs in areas where smoking is permitted under § 29.5-3.
   (c)   The owner/operator of a public place and an employer shall remove any and all ashtrays or other smoking accessories from a place where smoking is prohibited.
   (d)   An owner/operator commits an offense if he or she violates any provision of this section.
   (e)   An owner/operator commits an offense if he or she knowingly allows a person to remain in a place under the owner/operator’s control while such person is smoking in violation of this chapter. This offense is punishable, upon conviction, by a fine of an amount not to exceed $2,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
   (f)   It is not a defense to prosecution of any offense under this chapter that an owner/operator failed to post a sign required under this section.
(Ord. 17719, § 1, passed 8-21-2007)