142D.9 CIVIL PENALTIES.
1. A person who smokes in an area where smoking is prohibited
pursuant to this chapter shall pay a civil penalty pursuant to
section 805.8C, subsection 3, paragraph "a", for each violation.
2. A person who owns, operates, manages, or otherwise has custody
or control of a public place, place of employment, area declared a
nonsmoking place pursuant to section 142D.5, or outdoor area
regulated under this chapter and who fails to comply with this
chapter shall pay a civil penalty as follows:
a. For a first violation, a monetary penalty not to exceed
one hundred dollars.
b. For a second violation within one year, a monetary penalty
not to exceed two hundred dollars.
c. For each violation in excess of a second violation within
one year, a monetary penalty not to exceed five hundred dollars for
each additional violation.
3. An employer who discharges or in any manner discriminates
against an employee because the employee has made a complaint or has
provided information or instituted a legal action under this chapter
shall pay a civil penalty of not less than two thousand dollars and
not more than ten thousand dollars for each violation.
4. In addition to the penalties established in this section,
violation of this chapter by a person who owns, operates, manages, or
who otherwise has custody or control of a public place, place of
employment, area declared a nonsmoking place pursuant to section
142D.5, or outdoor area regulated under this chapter may result in
the suspension or revocation of any permit or license issued to the
person for the premises on which the violation occurred.
5. Violation of this chapter constitutes a public nuisance which
may be abated by the department of public health or the department's
designee by restraining order, preliminary or permanent injunction,
or other means provided by law, and the entity abating the public
nuisance may take action to recover the costs of such abatement.
6. Each day on which a violation of this chapter occurs is
considered a separate and distinct violation.
7. Civil penalties paid pursuant to this chapter shall be
deposited in the general fund of the state, unless a local authority
as designated by the department in administrative rules is involved
in the enforcement, in which case the civil penalties paid shall be
deposited in the general fund of the respective city or county.
Section History: Recent Form
2008 Acts, ch 1084, §9
Referred to in § 331.427, 805.8C(3a)
Nuisances in general, chapter 657
142D.9 CIVIL PENALTIES.
1. A person who smokes in an area where smoking is prohibited
pursuant to this chapter shall pay a civil penalty pursuant to
section 805.8C, subsection 3, paragraph "a", for each violation.
2. A person who owns, operates, manages, or otherwise has custody
or control of a public place, place of employment, area declared a
nonsmoking place pursuant to section 142D.5, or outdoor area
regulated under this chapter and who fails to comply with this
chapter shall pay a civil penalty as follows:
a. For a first violation, a monetary penalty not to exceed
one hundred dollars.
b. For a second violation within one year, a monetary penalty
not to exceed two hundred dollars.
c. For each violation in excess of a second violation within
one year, a monetary penalty not to exceed five hundred dollars for
each additional violation.
3. An employer who discharges or in any manner discriminates
against an employee because the employee has made a complaint or has
provided information or instituted a legal action under this chapter
shall pay a civil penalty of not less than two thousand dollars and
not more than ten thousand dollars for each violation.
4. In addition to the penalties established in this section,
violation of this chapter by a person who owns, operates, manages, or
who otherwise has custody or control of a public place, place of
employment, area declared a nonsmoking place pursuant to section
142D.5, or outdoor area regulated under this chapter may result in
the suspension or revocation of any permit or license issued to the
person for the premises on which the violation occurred.
5. Violation of this chapter constitutes a public nuisance which
may be abated by the department of public health or the department's
designee by restraining order, preliminary or permanent injunction,
or other means provided by law, and the entity abating the public
nuisance may take action to recover the costs of such abatement.
6. Each day on which a violation of this chapter occurs is
considered a separate and distinct violation.
7. Civil penalties paid pursuant to this chapter shall be
deposited in the general fund of the state, unless a local authority
as designated by the department in administrative rules is involved
in the enforcement, in which case the civil penalties paid shall be
deposited in the general fund of the respective city or county.
Section History: Recent Form
2008 Acts, ch 1084, §9
Referred to in § 331.427, 805.8C(3a)
Nuisances in general, chapter 657
142D.9 CIVIL PENALTIES.
1. A person who smokes in an area where smoking is prohibited
pursuant to this chapter shall pay a civil penalty pursuant to
section 805.8C, subsection 3, paragraph "a", for each violation.
2. A person who owns, operates, manages, or otherwise has custody
or control of a public place, place of employment, area declared a
nonsmoking place pursuant to section 142D.5, or outdoor area
regulated under this chapter and who fails to comply with this
chapter shall pay a civil penalty as follows:
a. For a first violation, a monetary penalty not to exceed
one hundred dollars.
b. For a second violation within one year, a monetary penalty
not to exceed two hundred dollars.
c. For each violation in excess of a second violation within
one year, a monetary penalty not to exceed five hundred dollars for
each additional violation.
3. An employer who discharges or in any manner discriminates
against an employee because the employee has made a complaint or has
provided information or instituted a legal action under this chapter
shall pay a civil penalty of not less than two thousand dollars and
not more than ten thousand dollars for each violation.
4. In addition to the penalties established in this section,
violation of this chapter by a person who owns, operates, manages, or
who otherwise has custody or control of a public place, place of
employment, area declared a nonsmoking place pursuant to section
142D.5, or outdoor area regulated under this chapter may result in
the suspension or revocation of any permit or license issued to the
person for the premises on which the violation occurred.
5. Violation of this chapter constitutes a public nuisance which
may be abated by the department of public health or the department's
designee by restraining order, preliminary or permanent injunction,
or other means provided by law, and the entity abating the public
nuisance may take action to recover the costs of such abatement.
6. Each day on which a violation of this chapter occurs is
considered a separate and distinct violation.
7. Civil penalties paid pursuant to this chapter shall be
deposited in the general fund of the state, unless a local authority
as designated by the department in administrative rules is involved
in the enforcement, in which case the civil penalties paid shall be
deposited in the general fund of the respective city or county.
Section History: Recent Form
2008 Acts, ch 1084, §9
Referred to in § 331.427, 805.8C(3a)
Nuisances in general, chapter 657
