§ 34-41. Violations and penalties.

(a)

A person who smokes in an area where smoking is prohibited by this article shall be guilty of an infraction, punishable by:

(1)

A fine not to exceed $50.00 for a first violation.

(2)

A fine not to exceed $100.00 for a second violation within one year of first violation.

(3)

A fine not to exceed $150.00 for a third violation and for each additional violation, within one year of first violation.

(b)

Except as otherwise provided in section 34-38, 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 article shall be guilty of an infraction, punishable by:

(1)

A fine not to exceed $100.00 for a first violation.

(2)

A fine not to exceed $200.00 for a second violation within one year of first violation.

(3)

A fine not to exceed $500.00 for a third violation and for each additional violation, within one year of first violation.

(c)

In addition to the fines established by this section, violation of this article 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.

(d)

Violation of this article is hereby declared to be a public nuisance, which may be abated by the city by such means as provided for by law, and the city may take action to recover the costs of the nuisance abatement.

(e)

Each day on which a violation of this article occurs, shall be considered a separate and distinct violation.

(f)

Payment of a fine under this section shall not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the fine.

(g)

This article may also be enforced via administrative or civil actions as authorized by the municipal code.

(h)

Notwithstanding any other provision of this article, an employee or private resident may bring legal action to enforce this article.

(Ord. No. 2018-008, § 1, 11-8-2018)