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(A) Any person who violates any provision of Sections 6.20.030 and/or 6.20.040, shall be guilty of a cigarette or tobacco infraction punishable by a fine:

(1) Not exceeding $100 for the first violation;

(2) Not exceeding $200 for a second violation within a one (1) year period after the first violation; or

(3) Not exceeding $500 for a third or subsequent violation within a one (1) year period after the first violation.

For purposes of this subsection, the number of violations within a year shall be measured by the date the smoking violations occur.

(B) Each individual allowed to smoke by a person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, in violation of Section 6.20.080 B shall be considered a separate violation for purposes of determining the number of violations under Section 6.20.090. (Ord. 10-44 § 1, 2010; Ord. 06-97 § 1, 2006.)