(A) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under §§ 38.01 et seq. to fail to comply with any of its provisions.
(B) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under §§ 38.01 et seq. to knowingly or willfully allow smoking to occur where prohibited by this chapter. It is a defense to this section, if the foregoing persons or their employees act in a reasonable and timely manner to personally inform the violator of the prohibition and request that he or she refrain from smoking.
(C) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of the ordinance codified in §§ 38.01 et seq.
(D) Any person who violates any provision of §§ 38.01 et seq. shall be subject to a fine of $50 for each finding of a violation of this chapter. If, after multiple violations by the same person or at the same business, the city legal department has reason to believe that the fines will not be effective in enforcing §§ 38.01 et seq., then the city legal department shall be empowered to seek any other remedies provided by law.
(E) 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 §§ 38.01 et seq. shall be guilty of an infraction, punishable by:
(1) A fine not exceeding $50 for a first violation.
(2) A fine not exceeding $100 for a second violation within one year.
(3) A fine not exceeding $200 for each additional violation within one year.
(Ord. 2006-9, passed 8-7-06)