(A) A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be guilty of a violation, punishable by a fine not exceeding $50.
(B) Failure of a person directed to extinguish his or her smoking item shall result in the violator being directed to leave the premise and all violators who refuse to leave the premises when asked to do so may be considered a trespasser and may be subject to a charge of criminal trespass in the third degree pursuant to KRS 511.080 in addition to the penalty stated in division (A).
(C) 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 this chapter shall be guilty of a violation, punishable by:
(1) A fine not exceeding $50 for a first violation within a one year period.
(2) A fine not exceeding $100 for a second violation within one year.
(3) A fine not exceeding $250 for each additional violation within one year.
(D) In addition to the fines established by this section, violations of this chapter by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license (including but not limited to alcoholic beverage licenses) issued to the person for the premises by the City on which the violation occurred.
(E) Violation of this chapter is declared to be a public nuisance, which may be abated by the city or its designated agents by restraining order, preliminary and permanent injunction, or other means provided for by law. The city may recover the reasonable costs, including court costs and reasonable attorney fees, of any court enforcement action seeking abatement of this nuisance.
(F) Each incident which a violation of this chapter occurs shall be considered a separate and distinct violation. An incident is defined as each time a tobacco product is used or each time the use of the tobacco product is ignored or allowed.
(Ord. 2016-08, passed 6-28-16; Am. Ord. 2018-07, passed 12-4-17; Am. Ord. 2019-08, passed 6-25-19)