§ 11.5-14. Violation and penalties.  


Latest version.
  • (a)

    A person who smokes in violation of any provision of this chapter commits a class C misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00). A culpable mental state is not required for a violation of this chapter, and need not be proved. However, if the violation was done intentionally, knowingly or recklessly, the offense is punishable by a fine not to exceed two thousand dollars ($2,000.00).

    (b)

    An operator or employer who owns, manages, operates, or otherwise controls a public place or workplace and who fails to comply with the provisions of this chapter shall be guilty of a class C misdemeanor, punishable by:

    (1)

    A fine not exceeding two hundred dollars ($200.00) for a first violation.

    (2)

    A fine not exceeding four hundred dollars ($400.00) for a second violation within a period of twelve (12) consecutive months.

    (3)

    A fine not exceeding five hundred dollars ($500.00) for each additional violation within a period of twelve (12) consecutive months.

    (c)

    Violation of this chapter is hereby declared to be a public nuisance, which may be abated by restraining order, preliminary and permanent injunction, or other means provided for by law, and the city may recover the costs of the nuisance abatement.

    (d)

    It shall be presumed that a violation of this chapter is intentional if a sign is posted near the main entrance of the premises, indicating that smoking is prohibited.

    (e)

    Other violations.

    (1)

    It shall be a violation of this chapter for the operator of a retail tobacco store or an adult venue to allow a minor to enter and remain in the retail tobacco store or adult venue.

    (2)

    It shall be a violation of this chapter for any minor to enter or remain in a retail tobacco store or an adult venue.

(Ord. No. 09-044, § 3, 7-23-09; Ord. No. 09-073, § 2, 12-10-09; Ord. No. 10-077, § 2, 9-23-10)