§ 94.99  PENALTY. 
   (A)   A person who smokes in an area where smoking is prohibited by the provisions of §§ 94.01 through 94.13 shall be guilty of an infraction, punishable by a fine not exceeding $200.  Each day of any violation shall be deemed a separate offense.
   (B)   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 §§ 94.01 through 94.13 shall be guilty of an infraction, punishable by:
      (1)   A fine not exceeding $50 for a first violation;
      (2)   A fine not exceeding $100 for a second violation within one year of the previous violation; and
      (3)   A fine not exceeding $250 for each additional violation within one year of the previous violation.
   (C)   Each day on which a violation of §§ 94.01 through 94.13 occurs shall be considered a separate and distinct violation.
(Ord. 5-06, passed 4-10-2006)