(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) 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 $100 for a first violation.
(2) A fine not exceeding $250 for a second violation within 1 year from a previous offense date.
(3) A fine not exceeding $500 for the third and each additional violation within 1 year from a previous offense date.
(C) 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 serve as reasonable cause for 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 City of Midway or its designated agents by restraining order, preliminary and permanent injunction, or other means provided for by law. The City of Midway may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance.
(E) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation. Multiple violations witnessed in a single observance shall also be considered separate and distinct violations.
(Ord. 2014-006, passed 8-18-2014)