(A) A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be guilty of an infraction, punishable by a fine not exceeding $50.
(B) 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 an infraction, punishable by:
(1) A fine not exceeding $100 for a first violation.
(2) A fine not exceeding $200 for a second violation within one year.
(3) A fine not exceeding $500 for each additional violation within one year.
(C) In addition to the fines established by this section, violation 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 issued to the person for the premises on which the violation occurred.
(D) Violation of this chapter is declared to be a public nuisance, which may be abated by the Madison Police Department by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City of Madison may take action to recover the costs of the nuisance abatement.
(E) Each day on which a violation of this section occurs shall be considered a separate and distinct violation.
(Ord. 2006-23, passed 5-16-06)