(A) A person who smokes in an area where smoking is prohibited by the provisions of this article is guilty of an infraction, punishable by a fine of not less than $10, nor more than $25.
(B) A person, firm, corporation or agent who owns, manages, operates or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article is guilty of an infraction, punishable by:
(1) A fine not exceeding $50 for a first violation; and
(2) A fine not exceeding $100 for any subsequent violation within one year.
(C) No arrest warrant may be issued for a person who smokes in an area where smoking is prohibited by this article or for a person, firm, corporation or agent who owns, manages, operates or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article. In enforcing this article, law enforcement officers shall issue an ordinance summons as provided for in § 2-1 of the County Code and S.C. Code § 56-7-80, as amended. The service of the ordinance summons will vest the magistrate’s court with jurisdiction to hear and to dispose of the charge.
(D) In addition to the fines established by this section, repeated violations of this article by a person, firm, corporation or agent who owns, manages, operates or otherwise controls a public place or place of employment may result in the suspension or revocation of any occupancy permit or other permit or license issued to the person for the premises on which the violation occurred.
(E) Violation of this article is hereby declared to be a public nuisance, which may be abated by the county by restraining order, preliminary and permanent injunction or other means provided for by law, and the county may take action to recover the costs of the nuisance abatement.
(F) Each day of a continuing violation of this article shall be considered a separate and distinct infraction.
(Ord. 152, passed 3-18-2013)