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PROPOSED ORDINANCE NUMBER: <br /> SECTION IX. DECLARATION OF ESTABLISHMENT AS NONSMOKING <br /> Notwithstanding any other provision of this Ordinance, an owner, operator, <br /> manager, or other person in control of an establishment, facility, or outdoor area <br /> may declare that entire establishment, facility, or outdoor areas are a <br /> nonsmoking place. <br /> SECTION X. ENFORCEMENT <br /> a. The South Bend Department of Code Enforcement shall enforce this <br /> Ordinance. <br /> b. An owner, manager, operator, or employee of an establishment <br /> regulated by this Ordinance, shall inform person(s) in violation of the <br /> appropriate provisions thereof and shall ask those persons to refrain <br /> from smoking. <br /> c. For a business that elects to be exempted under the provisions of <br /> Section Vl, it shall be the duty of the owner, manager, or operator to <br /> ensure that no persons under the age of eighteen (18) are allowed to <br /> enter. <br /> SECTION X1. PENALTY <br /> Any owner, manager, operator, or other person in control of an <br /> establishment, facility, or outdoor area found to be in violation of this Ordinance <br /> shall, upon conviction be fined as follows: <br /> a. The issuance of a verbal and written warning for the first violation, <br /> b. A fine of Two Hundred and 001100 Dollars ($200.00) for the second <br /> violation within the same calendar year; <br /> c. A fine of Four Hundred and 001100 Dollars ($400.00) for a third <br /> violation within the same calendar year; <br /> d. A fine of Eight Hundred and 001100 Dollars ($800.00) for a fourth <br /> violation within the same calendar year; and <br /> e. A fine of Fifteen Hundred and 00/100 Dollars ($1,500.00) for each <br /> additional violation occurring within the same calendar year. <br /> Each day of violation shall constitute a separate and distinct offense. <br /> SECTION XII. REPEALER <br /> Any Ordinance in effect, which is inconsistent, or conflicts with any part of <br /> this Ordinance is expressly repealed to the extent of such inconsistency or <br /> conflict, and the remainder of the Ordinance shall be unaffected and remain in <br /> effect. <br /> 06/06/2012 13 of 15 9:16 AAA <br />