§ 130.99. PENALTY.

(A) Whoever violates any provision of this title for which another penalty is not provided shall, upon conviction, be subject to penalties as provided in § 10.99 of this code.

(B) Whoever violates any provisions of § 130.10(E) shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than five hundred dollars ($500.00), or imprisonment of not more than thirty (30) days, or both, for each offense.

(C) (1) A person who smokes in an area where smoking is prohibited, by the provisions of § 130.11, shall be guilty of violating Chapter 95, the Nuisance Ordinance, and punishable by a fine not exceeding fifty dollars ($50.00).

(2) 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 § 130.11 shall be guilty of a violation, punishable by:

(a) A fine not exceeding fifty dollars ($50.00) for a first violation.

(b) A fine not exceeding one hundred dollars ($100.00) for a second violation within one (1) year from a previous offense date.

(c) A fine not exceeding two hundred and fifty dollars ($250.00) for the third and each additional violation within one (1) year from a previous offense date.

(3) Violation of § 130.11 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 law. The city may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance.

(4) Each day on which a violation of § 130.11 occurs shall be considered a separate and distinct violation. Multiple violations witnessed in a single observance shall also be considered separate and distinct violations.

(Ord. 2011-22, passed 5-31-11; Am. Ord. 2014-40, passed 10-6-14)