§ 46-126. Violations and penalties.

Latest version.

(a)

It shall be unlawful for the owner, manager, or other person having control of a place where smoking is prohibited by this division to allow smoking or to fail to comply with any of the provisions of this division.

(b)

It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this division, or to perform any act prohibited by this division.

(c)

Any person who violates any provision of this division shall be guilty of a misdemeanor and shall be punished by a fine of not more than $300.00. If a defendant has been previously convicted under this division, the defendant shall be punished by a fine of not more than $500.00. It is hereby declared that the culpable mental state required by V.T.C.A., Penal Code § 6.02 or successor, is specifically negated and clearly dispensed with, and an offense under this division is declared to be a strict liability offense.

(Ord. No. O-64-09, § I, 10-26-2009)

                    
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