§ 5-8.802. Violations and Penalties.

(a)

Violations. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of this chapter's provisions.

(1)

It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

(b)

Penalties. Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter who violates any provision of this chapter shall be deemed guilty of a misdemeanor, except that when the City Attorney shall elect to charge such violation as an infraction, it shall be an infraction. A conviction, or guilty or nolo contendere plea to a violation of this chapter shall be subject to payment of a fine as provided in Section 1-2.01 of the Modesto Municipal Code.

(1)

Violations of this chapter occurring at the Modesto Downtown Transportation Center may be charged as an infraction under Penal Code 640 and subject to a fine not to exceed two hundred fifty dollars ($250.00).

(2)

Administrative fines or penalties. In addition to all other remedies set forth in this chapter, administrative penalties pursuant to Title 1, Chapter 6 of the Modesto Municipal Code may be imposed against any person for violations of any provision of this chapter.

(Ord. 2842-C.S., § 1)

(Amended by Ord. 3639-C.S., § 1, effective 12-24-15)