(a) Any person found responsible under this article shall be guilty of a civil infraction and punished in accordance with the mandatory penalties of subsection (c) of this section pursuant to the procedures outlined in this section and chapter 28 of the Tucson Code. If there is any conflict between the procedures of this section and the general procedures of chapter 28, this section is controlling.
(b) Violations may be investigated and citations may be issued by police officers and fire department inspectors.
(c) Any person who violates any provision of section 11-89(3) by smoking in a posted "No Smoking" area is guilty of an infraction and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Any employer who violates any provision of section 11-89(3) is guilty of an infraction and shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(Ord. No. 5890, § 1, 10-11-83; Ord. No. 6384, § 5, 2-3-86)
Editors Note: Section 11-92(c) was added as the result of an Initiative Special Election held Nov. 5, 1985, pursuant to a citizen-initiated measure--Initiative Petition No. 1985-1002. The amendment became effective on Nov. 12, 1985.