§ 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)   The Fire Chief will have primary responsibilities for enforcement of the provisions of §§ 40.15 through 40.21.

      (2)   Upon notification or discovery of any violation of the provisions of §§ 40.15 through 40.21, the Fire Chief or his or her next in command shall investigate the site, and if a violation is found, issue a notice of violation to the person responsible for the facility. This notice shall provide for immediate abatement if a release or threatened release is occurring. This notice shall also provide abatement periods of other violations.

      (3)   Any person who fails to notify the Fire Chief of a release or threatened release may be fined not more than $5,000. Each day’s continuance of any such failure or violations shall be considered a separate offense.

      (4)   Any person who fails to comply with any other provisions of §§ 40.15 through 40.21 may be fined not more than $500. Each day’s continuance of any such failure or violation shall be considered a separate offense.

   (C)   (1) A person who smokes in an area where smoking is prohibited by the provisions of §§ 40.35 to 40.50 shall be guilty of a civil violation, punishable by a fine not exceeding $50 for the first offense and a fine not exceeding $100 for the second offense, and $250 for each additional offense.

      (2)   A person who owns, manages, operates, or otherwise controls a public place or place of employment and fails to comply with the provisions of this section shall be guilty of a civil violation, punishable by:

         (a)   A fine not exceeding $100 for a first violation within a one-year period;

         (b)   A fine not exceeding $2,300 for a second violation within one year; and

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

      (3)   In addition to the fines established by this division (C), violations of this section 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 issued to the person for the premises on which the violation occurred.

      (4)   Violation of this section 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 the law. The city may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance.

      (5)   Each day on which a violation of this section occurs shall be considered a separate and distinct violation.

   (D)   The maximum penalty for violation of § 40.51 shall be a $250 criminal fine.

(Prior Code, § 40.99)  (Ord. 820.2, passed 4-3-1997; Ord. passed 10-6-2005; Ord. passed 3-1-2007; Ord. passed 3-8-2018; Ord. 112, passed 5-2-2019)