12.40.060 Violations and Penalties.
(a) It is unlawful for any person who operates any premises subject to regulation under this chapter to fail to comply with any provisions of this chapter.
(b) It is unlawful for any person to smoke in any area where smoking is prohibited by this chapter.
(c) Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by:
(1) A fine of fifty dollars ($50.00), plus any surcharge required to be imposed by AS 12.55.039, for a first violation within a twenty-four (24) month period;
(2) A fine of one hundred dollars ($100.00), plus any surcharge required to be imposed by AS 12.55.039, for a second violation within a twenty-four (24) month period as measured from the date of first violation; or
(3) A fine of two hundred dollars ($200.00), plus any surcharge required to be imposed by AS 12.55.039, for a third or additional violations within a twenty-four (24) month period as measured from the date of first violation.
(d) Each and every day that such violation continues shall be deemed a separate and distinct violation.
(e) Any person aggrieved by a violation or threatened violation of this chapter or the City may bring a civil action against a person who violates this chapter and may recover a civil penalty not to exceed three hundred dollars ($300.00) per violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy.
(Ords. 1998-2003, 2192-2006, 2415-2009, 2930-2016)