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05-12-14 Council Agenda & Packet
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05-12-14 Council Agenda & Packet
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5/8/2014 11:40:42 AM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
5/12/2014
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Smokefree Air Ordinance of 2014 <br />Page 13 <br />(g) In addition to the remedies provided by the provisions of this Section, the <br />Department of Law or any person aggrieved by the failure of the owner, operator, manager, or <br />other person in control of a public place or a place of employment to comply with the provisions <br />of this Article may apply for injunctive relief to enforce those provisions in any court of <br />competent Jurisdiction. <br />See. 14 63 See.-4446. See. 14 -75. Violations and Penalties. <br />(a) Any one violating any of the provisions of this Article shall be subject to the <br />following penalties: <br />1. Citations: For the first violation in a calendar year, a citation shall be issued <br />imposed a fine of fifty dollars ($50.00); one hundred dollars for the 2 "a <br />violation; and two hundred fifty dollars for all violations thereafter with such <br />fines payable through the Ordinance Violations Bureau <br />2. Each violation shall constitute a separate offense. <br />(b) Except as otherwise provided in Section 14 -74 (a), a person who owns, <br />manages, operates, or otherwise controls a public place or place of employment and who fails to <br />comply with the provisions of this Article shall be guilty of an infraction, punishable by: <br />1. A fine of one hundred dollars ($100) for a first violation. <br />2. A fine of two hundred fifty dollars ($250) for a second violation within one (1) <br />year. <br />3. A fine of one thousand dollars ($1,000) for each additional violation within <br />one (1) year. <br />(c) In addition to the fines established by this Section, violation of this Article by <br />a person who owns, manages, operates, or otherwise controls a public place or place of <br />employment may result in the suspension or revocation of any permit or license issued to the <br />person for the premises on which the violation occurred. <br />(d) Repeated violation of this Article is declared to be a public nuisance, which <br />may be abated by the Department of Law seeking a restraining order, preliminary and permanent <br />injunction, or other means provided for by law, and may bring action to recover the costs of the <br />nuisance abatement. <br />(e) The Department of Law is authorized to bring civil <br />action against any alleged violator of this Article for all unpaid fines, and any and all expenses <br />incurred by the City to enforce the provisions of this Article to seek compliance from the alleged <br />violator. <br />
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