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Smoke Free Air Ordinance <br />Page 12 <br />(d) An owner, manager, operator, or employee of an establishment regulated by this Article, <br />shall inform person(s) in violation of the appropriate provisions thereof and shall ask those persons to <br />refrain from smoking. If the person does not stop smoking, the owner, manager, operator, or employee <br />shall refuse service and shall immediately ask the person to leave the premises. If the person in <br />violation refuses to leave the premises, the owner, manager, operator or employee shall contact a law <br />enforcement agency. <br />(e) In addition to the remedies provided by the provisions of this Section, the Department of <br />Law or any person aggrieved by the failure of the owner, operator, manager, or other person in control <br />of a public place or a place of employment to comply with the provisions of this Article may apply for <br />injunctive relief to enforce those provisions in any court of competent jurisdiction. <br />Sec. 14 -133. Penalties for Violations. <br />Any owner, manager, operator, or other person in control of an establishment, facility, or outdoor area <br />found to be in violation of this Article shall, when found to be in violation be fined as follows: <br />(a) The issuance of a verbal and written warning for the first (0) violation. <br />(b) A fine of two hundred dollars ($200.00) for the second (2" d) violation within the same <br />calendar year. <br />(c) A fine of four hundred dollars ($400.00) for the third (3') violation within the same <br />calendar year. <br />(d) A fine of eight hundred dollars ($800.00) for the fourth (4th) violation within the same <br />calendar year. <br />(e) A fine of one thousand five hundred dollars ($1,500.00) for each additional violation <br />occurring thereafter within the same calendar year. <br />(f) Repeated violation of this Article is declared to be a public nuisance, which may be <br />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 <br />of the nuisance abatement. <br />(g) The Department of Law is authorized to bring civil action against any alleged violator of <br />this Article for all unpaid fines, and any and all expenses incurred by the City to enforce <br />the provisions of this Article to seek compliance from the alleged violator. <br />(h) Each day on which a violation of this Article occurs shall be considered a separate and <br />distinct violation. Each violation of this Article shall constitute a separate offense. <br />