Fulton Violations and penalties ordinance (§ 93-10)

(a) A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be guilty of an infraction, punishable by a fine not exceeding $50.00.

(b) Except as otherwise provided in subsection 93-9(a), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this chapter shall be guilty of an infraction, punishable by:

(1) A fine not exceeding $100.00 for a first violation.

(2) A fine not exceeding $200.00 for a second violation within one year.

(3) A fine not exceeding $500.00 for each additional violation within one year of the previous violation.

(c) In addition to the fines established by this section, violation of this chapter 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.

(d) Violation of this chapter is hereby declared to be a public nuisance, which may be abated by the city administrator by restraining order, preliminary and permanent injunction, or other means provided for by law, and the city may take action to recover the costs of the nuisance abatement.

(e) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.