(A) Except as otherwise provided in subsection (B) hereof, any violation of this chapter, including a person who smokes in an area where smoking is prohibited, shall be classified as a civil offense and shall be enforced through the Code Enforcement Board (“Board”) as provided in §§ 32.275 et seq., or as it may be amended. The civil penalties for violations of §§ 90.01 through 90.09 are as follows:
(1) A penalty of no less than $50 nor more than $100 for the first offense within a one-year period;
(2) A penalty of no less than $150 nor more than $250 for the second offense within a one-year period; and
(3) A penalty of no less than $350 nor more than $500 for the third and each subsequent offense within a one-year period.
(4) Any person cited for violation of this chapter as provided in subsection (A) hereof may pay the minimum civil penalty within seven days from the date of issuance or request a hearing regarding such penalty to the Board in accordance with §§ 32.275 et seq. If the person fails to respond to the citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing. In this event, the Board shall enter a final order determining that the violation was committed and impose the civil penalty as set forth in the citation.
(B) Persons who smoke in an area where smoking is prohibited and who refuse to extinguish their smoking material when asked, may be required to leave the premises, and shall be subject to prosecution for criminal trespass if they do not leave when asked.
(C) All violations discovered upon a single inspection by the Louisville Metro Health Department or in the instant presence of a peace officer shall constitute a single offense for purposes of the issuance of a citation under this chapter to an owner, operator, or employee of a building or an establishment, or a smoker therein, as the case may be.
(D) The civil penalty for a violation of § 90.10(A) is as follows:
(1) A penalty of no less than $50 for the first offense within a one-year period;
(2) A penalty of no less than $100 for the second offense within a one-year period;
(3) A penalty of no less than $250 for the third and each subsequent offense within a one-year period.
(E) The civil penalty for a violation of § 90.10(B) is as follows:
(1) A penalty of no less than $500 for each offense.
(Lou. Metro Ord. No. 123-2005, approved 8-17-2005, effective 11-15-2005; Lou. Metro Am. Ord. No. 189-2006, approved 10-17-2006, effective 7-1-2007; Lou. Metro Am. Ord. No. 1-2008, approved 1-11-2008; Lou. Metro Am. Ord. No. 58-2014, approved 4-14-2014; Lou. Metro Am. Ord. No. 83-2017, approved 5-22-2017)
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