(A) Except as otherwise provided in division (B) of this section, any establishment, employer, or employee in violation of this chapter shall be subject to the following penalties, payable to the Northern Kentucky Independent District Health Department:
(1) A warning for the first offense;
(2) A fine of $100 for the second offense within one year; and
(3) A fine of $250 for the third and each subsequent offense within one year.
(B) Persons who smoke in an area where smoking is prohibited and who refuse to extinguish their smoking material when asked, shall be required to leave the premises, and shall be subject to prosecution for criminal trespass if they do not leave when asked. If necessary, the owner, manager, operator, or employee may contact a local law enforcement agency for assistance. The Northern Kentucky Independent District Health Department is not responsible to intervene in such circumstances. A person who smokes in an area where smoking is prohibited shall also be subject to a fine of $100 per offense.
(C) Each calendar day during which the violation occurs shall constitute a separate and distinct offense.
(Ord. 451.15, passed 12-21-10)