(A) A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be guilty of a violation, punishable by a fine not exceeding fifty dollars ($50.00).
(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 chapter shall be guilty of a violation, punishable by:
(1) A fine not exceeding fifty dollars ($50.00) for a first violation within a one (1) year period.
(2) A fine not exceeding one hundred dollars ($100.00) for a second violation within one (1) year.
(3) A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within one (1) year.
(C) In addition to the fines established by this section, 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 permit or license (including but not limited to alcoholic beverage licenses) issued to the person for the premises by the city on which the violation occurred.
(D) Violation of this chapter 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 chapter occurs shall be considered a separate and distinct violation.
(Ord. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07; Am. Ord. 0-2010-024, passed 11-8-10)