§ 32.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   (1)   Citations may be issued for violation of §§ 32.42, 32.43, 32.44, and 32.46.

      (2)   Any person violating any of the provisions of §§ 32.42, 32.43, 32.44, and 32.46 shall be liable for the imposition of a civil sanction not to exceed $25 for the first offense and $50 for each successive offense. Each day a violation of §§ 32.42, 32.43, 32.44, and 32.46 continues after a citation for the violation has been issued constitutes a separate violation.

      (3)   The town shall provide for payment by mail of civil fines under §§ 32.40 through 32.48.

      (4)   Any owner, manager, operator, or employer of any establishment controlled by §§ 32.40 through 32.48 shall, upon either observing or being advised of a violation of § 32.43, have the obligation to inform the violator of the appropriate requirements of this law and then request immediate compliance.

      (5)   Any person or employer who owns, manages, operates, or otherwise controls the use of any premises subject to §§ 32.40 through 32.48 has the responsibility:

         (a)   To properly set aside “no smoking” areas;

         (b)   To properly post signs required hereunder; and

         (c)   To take the action required by division (B)(4) above when observing or being advised of a violation.

      (6)   Any employer who knowingly and intentionally violates § 32.44 may be liable for a civil penalty not to exceed $500. Each day such violation is committed or permitted to continue shall constitute and be punished as a separate offense.

      (7)   By enforcing §§ 32.40 through 32.48, the town undertakes only to promote the general welfare and health of the community. It does not assume, nor does it impose on its officers and employees, an obligation for breach of which it is liable in money damages to any person claiming injury from such breach.

      (8)   Each instance of violation of § 32.48 shall constitute a separate civil offense. For the first civil offense at a retail site, the fine is $100. For the second and third civil offense at a retail site, the fine is $500. However, if more than three violations occur at a retail site in any consecutive 12-month period, the person or entity operating such retail site shall be subject to a minimum fine of $500 or a maximum fine of $2,500.

(Ord. 2002-08, passed 5-9-2002; Ord. 2014-03, passed 8-14-2014; Ord. O2020.19, passed 4-23-2020)