(A) A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be subject to a fine not exceeding $50. Any matter referred to a court of law for adjudication shall also be subject to all court fees and costs, including attorney fees incurred in the collection.
(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 this chapter shall be subject to penalties as follows:
(1) A fine not exceeding $100 for a first violation;
(2) A fine not exceeding $200 for a second violation within one year;
(3) A fine not exceeding $500 for each additional violation within one year; and
(4) Any and all fees and costs, including attorney fees required in the collection of any fine.
(C) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.
(D) Notwithstanding any other penalty provision herein, the city reserves the right to proceed under any legal or equitable remedies available under the laws of the state. Additionally, the city reserves the right to withdraw any license or permit issued by the city for continued violations of this chapter.
(Prior Code, § 43-42) (Ord. 09-09, passed 9-14-2009)