Unlawful acts - penalty - disposition of fines and surcharges.

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(1) It is unlawful for a person who owns, manages, operates, or otherwise controls the use of a premises subject to this part 2 to violate any provision of this part 2.

  1. It is unlawful for a person to smoke in an area where smoking is prohibited pursuantto this part 2.

  2. Except as otherwise provided in section 25-14-208.5, a person who violates this part2 is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars for a first violation within a calendar year, a fine not to exceed three hundred dollars for a second violation within a calendar year, and a fine not to exceed five hundred dollars for each additional violation within a calendar year. Each day of a continuing violation shall be deemed a separate violation.

  3. All judges, clerks of a court of record, or other officers imposing or receiving finescollected pursuant to or as a result of a conviction of any persons for a violation of any provision of this part 2 shall transmit all such moneys so collected in the following manner:

  1. Seventy-five percent of any such fine for a violation occurring within the corporatelimits of a city, town, or city and county shall be transmitted to the treasurer or chief financial officer of said city, town, or city and county, and the remaining twenty-five percent shall be transmitted to the state treasurer, who shall credit the same to the general fund.

  2. Seventy-five percent of any fine for a violation occurring outside the corporate limitsof a city or town shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining twenty-five percent shall be transmitted to the state treasurer, who shall credit the same to the general fund.

Source: L. 2006: Entire part added, p. 59, § 1, effective July 1. L. 2019: (3) amended, (HB 19-1076), ch. 337, p. 3097, § 7, effective July 1.


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