(A) A person who smokes in an area where smoking is prohibited by the provisions of this subchapter 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 subchapter shall be guilty of a violation, punishable by:
(1) A fine not exceeding $50 for a first violation within a one-year period.
(2) A fine not exceeding $100 for a second violation within one year.
(3) A fine not exceeding $250 for each additional violation within one year.
(C) In addition to the fines established by this section, violations of this subchapter 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 subchapter 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.
(E) Each day on which a violation of this subchapter occurs shall be considered a separate and distinct violation.
(Ord. 2006-006, passed 12-12-06)