(A) An individual found guilty of violating this chapter is punishable by a fine not less than $50.
(B) An individual who owns, manages, operates or otherwise controls a public place or place of employment and found guilty of violating this chapter is punishable by a fine of:
(1) Not less than $50 for the first offense;
(2) Not less than $100 for the second offense; and
(3) Not less than $250 for the third and each subsequent offense.
(C) An individual who violates this chapter by refusing to extinguish their smoking material when requested, shall be requested to leave the establishment and if refused, may also be subject to prosecution for trespass.
(D) In addition to the fines established by division (B) of this section, violation of this chapter by an individual who owns, manages, operates or otherwise controls a public place or place of employment shall result in the suspension and/or revocation of any or all permit(s) or license(s) issued for the premises 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 of any court enforcement action seeking abatement of this nuisance.
(F) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.
(Ord. 11-2018, passed 9-4-2018)