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<br /> <br /> <br /> <br /> <br /> <br /> entrances, as provided for in Section 17-68 (C), on or before the effective <br /> date of this ordinance. <br /> <br /> B. Smoking Establishments. All establishments that elect to be totally <br /> smoking shal] post proper signs at all public entrances, as provided for in <br /> Section 17-68 (C), on or before the effective date of this ordinance. <br /> <br /> C. Designated Smokiniz Areas. All establishments that currently have <br /> designated smoking areas which are in compliance with Section 17-67 <br /> (D)(1) and (D)(2) shall post proper signs and place facilities for the <br /> extinguishment of smoking materials at all public entrances and within all <br /> designated smoking areas, as provided for in Section 17-68 (C), on or <br /> before the effective date of this ordinance. <br /> <br /> D. Designated Smoking Areas Not Currently In Compliance. All <br /> establishments desiring to have designated smoking areas, but which are <br /> not currently in compliance with Section 17-67 (D)(1) and (D)(2), must, <br /> on or before the effective date of this ordinance, designate the <br /> establishment as totally smoking or totally nonsmoking until such time as <br /> the completion of any modifications necessary to bring the establishment <br /> into compliance said Section 17-67. <br /> <br /> Sec. 17-73. Penalty For Violation <br /> <br /> Any person, firm, corporation, agent or employee thereof who violates <br /> any of the provisions of this article shall be guilty of a misdemeanor and, upon <br /> conviction thereof, shall be fined an amount not less than Twenty-five and no/100 <br /> Dollars ($25.00) nor more than Two Hundred and no/100 Dollars ($200.00); <br /> provided, however, in the event the actor has previously been convicted under <br /> this section, the actor shall be fined an amount not less than Fifty and no/100 <br /> Dollars ($50.00) nor more than Five Hundred and no/100 Dollars ($500.00) for <br /> a second conviction hereunder, and shall be fined an amount not less than One <br /> Hundred and no/100 Dollars ($100.00) nor more than One Thousand and no/100 <br /> Dollars ($1,000.00) for a third conviction hereunder and for each conviction <br /> thereafter. Each day that a violation is permitted to exist shall constitute a <br /> separate offense. <br /> <br /> Sec. 17-74. Culpability <br /> <br /> There shall be no requirement of a culpable mental state for a violation of <br /> this article." <br /> <br /> Section 2. Any person violating any of the provisions of this ordinance shall be guilty <br /> of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $1,000.00, <br /> and each and every day's continuance of the above enumerated section shall constitute and be <br /> deemed a separate offense. <br /> <br /> Section 3. It is hereby declared to be the intention of the City Council that the sections, <br /> paragraphs, sentences, clauses and phrases of this Ordinance are severable, and, if any section, <br /> paragraph, sentence clause, or phrase of this Ordinance shall be declared unconstitutional by the <br /> valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall <br /> not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this <br /> Ordinance, since the same would have been enacted by the City Council without the <br /> incorporation in this Ordinance of such unconstitutional section, paragraph, sentence, clause, or <br /> phrase. <br /> <br /> Section 4. All ordinances or parts of ordinances in conflict herewith are hereby <br /> expressly repealed. <br /> <br /> <br /> <br /> 9 <br />