Ord 2013-066/Amending chapter 34, article 5, division 2 of the city code regulating smoking in public places, as previously adopted by ord. 2013-57 by adding a definition for "Vape Shop" or "Vapor Shop"

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Sec. 34.265. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this division to the director of the Environmental Health Division of the Community Services Department. (C) The city manager may authorize a City employee conducting an inspection under any other provision of the San Marcos City Code to also inspect for compliance with this division and issue a citation for a violation of this division. (D) This division may also be enforced by a suit for injunctive relief. Sec. 34.266 Violation and penalty. (A) A person who violates the provisions of this division commits a Class C misdemeanor, and shall, upon conviction, be fined in an amount not more than $200.00; provided, however, that in the event a defendant has previously been convicted under this division, such defendant shall be fined in an amount not more than $500.00 for a second conviction hereunder, and shall be fined in an amount not more than $2,000.00 for a third conviction and for each conviction thereafter. A culpable mental state is not required and need not be proved. Each day that a violation is committed or permitted to exist or occur shall constitute a separate offense. Sec. 34.267. Public education. (A) The city manager shall: (1) obtain or develop a comprehensive tobacco education program to educate the public about the harmful effect of tobacco and its addictive qualities. (2) conduct informational activities to notify and educate businesses and the public about this division; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section, the city manager may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public.