§ 16-303.  Smoking in Public Buildings. 23
   (1)   The Commissioner of Public Property is authorized to promulgate regulations prohibiting smoking, including the carrying of any lit smoking materials, in any or all City-owned or City-occupied facilities, if, in the judgement of the Commissioner, such a prohibition would improve the healthfulness or cleanliness of any or all such facilities.
   (2)   Penalties and enforcement.
      (a)   Any person in violation of any regulations issued under this Section shall be subject to a civil penalty of one hundred dollars ($100) for a first offense, two hundred dollars ($200) for a second offense, and three hundred dollars ($300) for a third or subsequent offense. A violation shall be considered a second, third or subsequent offense regardless whether it occurs before or after a finding of a prior offense.
      (b)   Notices of violation may be issued by any person with authority to enforce ordinances, including for purposes of this Section any Department of Public Health or Department of Licenses and Inspections inspector. Notices of violation shall be issued pursuant to the procedures set forth in Section 10-1606 of this Code. Contested charges shall be resolved, fines shall be imposed, and payments shall be collected and processed by the Director of Finance and the Bureau of Administrative Adjudication, all pursuant to the procedures set forth in Sections 10-1604 through 10-1609.
      (c)   Notwithstanding the fore-going, any person to whom a notice of violation is issued may, within eight (8) days of receipt, pay twenty-five dollars ($25) in lieu of contesting the violation and in lieu of any other fines or penalties. The notice of violation shall contain an appropriate notice to the recipient of his or her right not to contest the violation and appropriate instructions and procedures for payment, as prescribed by the Director of Finance.

 

Notes

23
   Added, Bill No. 960290 (approved July 8, 1996), 1996 Ordinances, p. 662.