(A) First and subsequent offenses.
(1) First offense: $75.
(2) Second offense: $150.
(3) Third offense: up to $500.
(B) Types of violation. Violators of this chapter include:
(1) Any person who smokes in an area where smoking is prohibited by the provisions of the chapter.
(2) A person who owns, manages, operates, or otherwise controls a public place or place of employment who fails to adhere to the provisions of this chapter.
(C) In addition to the fines established by this section, four or more violations 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 business 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 town by restraining order, preliminary and permanent injunction, or other means provided for by law, and the town may take action to recover the costs of the nuisance abatement.
(E) Each occurrence of a continuing violation of this chapter shall be considered a separate and distinct offense/violation.
(Ord. 11-11, passed 11-7-11)