(a) The Town Manager shall be responsible for compliance with this Article with regard to facilities which are owned, operated or leased by the Town.

(b) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to Section 7-3-30.

(c) Smoking and the improper disposal of the unused remainder or any remnants from smoking, including what may be popularly termed “cigarette butts,” may result in an independent violation of Section 10-4-100 of this Code if a person throws or leaves litter on any premises to which he or she does not have lawful possession. Such littering provisions apply to, among other things, all public sidewalks and rights-of-way as well as all private areas, including entryways, covered by the provisions of the Clean Indoor Air Act. The provisions of this Article regarding littering are intended to be directly applicable to all owners, operators, managers or employees of any premises subject to the Clean Indoor Air Act.

(d) Owners, operators, managers or employees of any premises subject to Section 7-3-30 shall be required to notify persons in violation of this Article of any of the provisions of this Article. The duty to so notify a violator shall arise when such person becomes aware of such violation. It is unlawful for a person who owns, manages, operates or otherwise controls the use of a premises subject to Section 7-3-30 to violate or to otherwise permit any person to violate the provisions of the Clean Indoor Air Act.

(e) Violation of any of the provisions of this Article is hereby declared to be a Class 2 petty offense and, upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars ($200.00) for a first violation within a calendar year, a fine not to exceed three hundred dollars ($300.00) for a second violation within a calendar year and a fine not to exceed five hundred dollars ($500.00) for each additional violation within a calendar year. Each day of a continuing violation shall be deemed a separate violation. Any citizen may register a written complaint for violation of this Article with the Town Marshal’s office or the Town Manager.

(f) Any remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. (Prior code 8.03.070; Ord. 1257, 2006; Ord. 1288 §1, 2008; Ord. 1494 §1, 2019)