§ 40.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   (1)   A person commits an offense if he or she is smoking in an area where smoking is prohibited by the provisions of §§ 40.15 through 40.22;

      (2)   It shall be the duty of every person in control of an area where smoking is prohibited by the provisions of §§ 40.15 through 40.22 to request any person known to be smoking in such area to extinguish the burning tobacco product. Any knowing or intentional failure to maintain compliance with such duty shall constitute an offense; and

      (3)   Whenever in §§ 40.15 through 40.22 an act is prohibited or is made or declared to be unlawful or an offense, or whenever in §§ 40.15 through 40.22 the doing of any thing or act is required or the failure to do any thing or act is prohibited, the violation of the provision shall be and constitute a violation punishable, upon conviction, by a fine not to exceed $200. Each violation shall constitute and be punishable as a separate offense. Prosecution or conviction under this provision is cumulative of and shall never be a bar to any other civil or administrative remedy provided or allowed in §§ 40.15 through 40.22 or by law.

(Ord. passed 6-1-2016)