§ 92.99 PENALTY.

   (A)   Open burning. If the owner, lessee, occupant or person having charge of any property shall intentionally burn any material or property in violation of §§ 92.01 through 92.09, upon conviction thereof, shall be fined not less than $50 nor more than $1,000 for each offense on each day burning is allowed and continued.

   (B)   Open burning ban during times of extraordinary dryness and consequent fire hazard. Any person who violates § 92.10 is subject to a fine of not less than $10 nor more than $500 for each offense of § 92.10.

   (C)   Smoking indoors.

      (1)   An individual found guilty of violating §§ 92.25 through 92.29 is punishable by a fine of not less than $50.

      (2)   An individual who owns, manages, operates, or otherwise controls a public place or place of employment and found guilty of violating §§ 92.25 through 92.29 is punishable by a fine of:

         (a)   Not less than $50 for the first offense;

         (b)   Not less than $100 for the second offense; and

         (c)   Not less than $250 for the third and each subsequent offense.

      (3)   An individual who violates §§ 92.25 through 92.29 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.

      (4)   In addition to the fines established by division (C)(2)(a), violation of §§ 92.25 through 92.29 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.

      (5)   Violation of §§ 92.25 through 92.29 is declared to be a public nuisance, which may be abated by the county or its designated agents by restraining order, preliminary or permanent injunction, or other means provided for by law. The county may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance.

      (6)   Each day on which a violation of §§ 92.25 through 92.29 occurs shall be considered a separate and distinct violation.

(Ord. KOC 87-300-320.4, passed 3-3-1987; Ord. KOC 05-320-315, passed 12-6-2005; Ord. KOC 18-820-441, passed 4-17-2018)