§ 18-91. Penalty for violation of this division.

(a)

A person, who smokes in an area where smoking is prohibited by the provisions of this division, shall be guilty of an ordinance violation, punishable by:

(1)

A fine not less than one hundred dollars ($100.00) for a first violation.

(2)

A fine not less than two hundred dollars ($200.00) for a second violation within a period of twelve (12) consecutive months.

(3)

A fine in the amount of five hundred dollars ($500.00) for a third or subsequent violation within a period of twelve (12) consecutive months, or by imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment.

(b)

Any person(s), who owns, manages, operates, or otherwise has control of an area where smoking is prohibited by the provisions of subsection 18-89(a), who fails to comply with the provisions of this division shall be guilty of an ordinance violation, punishable by:

(1)

A fine not less than one hundred dollars ($100.00) for a first violation.

(2)

A fine not less than two hundred dollars ($200.00) for a second violation within a period of twelve (12) consecutive months.

(3)

A fine in the amount of five hundred dollars ($500.00) for a third or subsequent violation within a period of twelve (12) consecutive months, or by imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment.

(c)

Each incident for which a violation of this division occurs shall be a separate and distinct violation.

(Ord. No. 11796, § 1, 4-4-2007)