§ 93.99 PENALTY.

   (A)   Willful violation of §§ 93.15 through 93.23 is an unlawful act.

   (B)   Any person who smokes in a area where smoking is prohibited by the provisions of §§ 93.15 through 93.23 shall be guilty, punishable by a fine not exceeding $50.

   (C)   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 §§ 93.15 through 93.23 shall be guilty of a violation, punishable by:

      (1)   A fine not exceeding $100 for the first violation within a one year period.

      (2)   A fine not exceeding $300 for a second violation within one year.

      (3)   A fine not exceeding $250 for each additional violation within one year.

   (D)   In addition to the fines stabled by this section, violation of §§ 93.15 through 93.23 by a person who owns, manages, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.

   (E)   Persons who smoke in an area where smoking is prohibited and who refuses to extinguish their smoking material when asked, may be required to leave the premises, and shall be subject to prosecution for trespass if they do not leave when asked.

   (F)   Each day on which violation of §§ 93.15 through 93.23 occurs shall be considered a separate and distinct violation.

(Ord. 14-24, passed 9-9-14)