A. A first refusal to comply with a request from a city employee, or otherwise the person that has control of an area in which smoking is prohibited, to cease a violation of this chapter may be subject to a written warning. Subsequent refusal shall result in a penalty of fifty dollars ($50) for each refusal. Violations of Section 8.25.060 E. may result in such further penalties as considered just and equitable.
B. A person that has control of an area in which smoking is prohibited by this chapter and that fails to comply with this chapter shall be guilty of an administrative fine punishable by:
1. A fine not exceeding one hundred dollars ($100) for a first violation.
2. A fine not exceeding one hundred and fifty dollars ($150) for a second violation within one year.
3. A fine not exceeding two hundred and fifty dollars ($250) for each additional violation within one year.
C. Any violation of this chapter is hereby declared to be a public nuisance.
D. Any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.
E. Each instance of smoking in violation of this chapter shall constitute a separate violation.
F. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 839-2022, § 2, 2022)