TITLE 16. PUBLIC PROPERTY
CHAPTER 16-300. MAINTENANCE AND SUPERVISION
§16-303. Smoking in Public Buildings. [17]
(1) The Commissioner of Public Property is authorized to
promulgate regulations prohibiting smoking, including the carrying of any lit
smoking materials, in any or all City-owned or City-occupied facilities, if, in
the judgement of the Commissioner, such a prohibition would improve the
healthfulness or cleanliness of any or all such
facilities.
(2) Penalties and enforcement.
(a) Any person in
violation of any regulations issued under this section shall be subject to a
civil penalty of $100 for a first offense, $200 for a second offense, and $300
for a third or subsequent offense. A violation shall be considered a second,
third or subsequent offense regardless whether it occurs before or after a
finding of a prior offense.
(b) Notices of violation may be issued by
any person with authority to enforce ordinances, including for purposes of this
Section any Department of Public Health or Department of Licenses and
Inspections inspector. Notices of violation shall be issued pursuant to the
procedures set forth in Section 10-1606 of this Code. Contested charges shall be
resolved, fines shall be imposed, and payments shall be collected and processed
by the Director of Finance and the Bureau of Administrative Adjudication, all
pursuant to the procedures set forth in Sections 10-1604 through
10-1609.
(c) Notwithstanding the fore-going, any person to whom a
notice of violation is issued may, within eight (8) days of receipt, pay
twenty-five dollars ($25) in lieu of contesting the violation and in lieu of any
other fines or penalties. The notice of violation shall contain an appropriate
notice to the recipient of his or her right not to contest the violation and
appropriate instructions and procedures for payment, as prescribed by the
Director of Finance.