8.44.110 Penalties and enforcement.
A. Warnings and Civil Fines. When violations of this chapter occur, a warning shall first be given to the person or persons violating this chapter. Any subsequent violation shall subject the offender to a civil fine as provided for in this section.
B. Any person violating this chapter by smoking in a place in which smoking is prohibited herein or by removing, defacing or destroying any sign posted in compliance with this chapter is subject to a civil fine of up to $100.00. The law enforcement agency of the City shall enforce this section by issuing a notice of infraction to be assessed in the same manner as traffic infractions.
1. The provisions contained in Chapter 46.63 RCW for the disposition of traffic infractions apply to disposition of infractions for violations of this subsection except as follows:
a. The provisions in Chapter 46.63 RCW relating to the provision of records to the Department of Licensing in accordance with RCW 46.20.270 are not applicable to this chapter; and
b. The provisions in Chapter 46.63 RCW relating to the imposition of sanctions against a person’s driver’s license or vehicle license are not applicable to this chapter;
c. The form for the notice of infraction for a violation of this subsection shall be prescribed by rule of the Supreme Court.
2. Any proprietor, employer, or other person intentionally violating this act by not complying with this section may be subject to a civil fine of up to $500.00, which penalty shall be assessed and recovered in a civil action brought in the name of the City of Lakewood in any court of competent jurisdiction. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation. The City Manager or designee shall enforce this chapter either separately or together with the Tacoma-Pierce County Health Department by either of the following actions:
a. Serving notice requiring the correction of any violation;
b. Calling upon the City Attorney to maintain an action to assess and recover a civil penalty for the violation.
C. In undertaking the enforcement of this chapter, the City is assuming and undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. [Ord. 43 § 1, 1996.]