(A) The definitions in § 115.30(A) of this Code shall apply to this section.
(B) The use of nicotine vaporizers is prohibited at all locations within the city at which smoking is prohibited under F.S. Chapter 386.
(C) The use of nicotine vaporizers is prohibited in all public areas in the city, including parks and recreational areas.
(D) Enforcement. This section may be enforced by any city law enforcement officer, code enforcement inspector or city park ranger.
(E) Penalties.
(1) Any person found in violation of this section shall commit a civil infraction and be subject to a fine of $100 for the first offense; $150 for the second offense; and $250 for the third offense and subsequent offenses, payable to the City of Pompano Beach with 14 days.
(2) Any violation not paid within 14 days of the issuance thereof shall be assessed an additional $10 fee.
(3) Any person may elect to appear in Broward County Court to contest any such violation.
(4) In addition, the city may commence prosecution in Broward County Court for any such violation that remains unpaid and for which no request to contest the violation has been made for more than 30 days.
(5) Following a hearing, a County Court Judge shall determine whether a violation has been committed and may impose the penalty as set forth in subsection (1) above, plus court costs and the costs of prosecution up to $100 as determined by the court.
(Ord. 2018-73, passed 7-24-18)