(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:
(1) A fine of fifty dollars ($50) for a first violation.
(2) A fine of one-hundred dollars ($100) for a second violation within one (1) year.
(3) A fine of one-hundred and fifty dollars ($150) for each additional violation within one (1) year.
(B) Except as otherwise provided in § 133.13(A), 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 of one-hundred dollars ($100) for a first violation.
(2) A fine of two-hundred dollars ($200) for a second violation within one (1) year.
(3) A fine of five-hundred dollars ($500) for each additional violation within one (1) 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 hereby declared to be a public nuisance, which may be abated by the Chief of Police by restraining order, preliminary and permanent injunction, or other means provided for bylaw, and the city may take action to recover the costs of the nuisance abatement.
(E) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.
(Ord. 2018-1757, passed 6-14-18)