§ 23-12-11 — Penalty

1. An individual who smokes in an area in which smoking is prohibited under section
23-12-10 is guilty of an infraction punishable by a fine not exceeding fifty dollars.

2. Except as otherwise provided in subsection 5 of section 23-12-10, an owner or other
person with general supervisory responsibility over a public place or place of
employment who willfully fails to comply with section 23-12-10 is guilty of an infraction,
subject to a fine not to exceed one hundred dollars for the first violation, to a fine not to
exceed two hundred dollars for a second violation within one year, and a fine not to
exceed five hundred dollars for each additional violation within one year of the
preceding violation.
3. In addition to the fines established by this section, violation of this Act by a person who
owns, manages, operates, or otherwise controls a public place or place of employment
may result in the suspension or revocation of any permit or license issued to the
person for the premises on which the violation occurred.
4. Violations of this Act are declared to be a public nuisance that may be abated by
restraining order, preliminary or permanent injuntion, or other means provided by law.
5. Each day on which a violation of this Act occurs shall be considered a separate and
distinct violation.