2108.1 Any person who fails to comply with any of the applicable provisions of this chapter shall, upon conviction, be punished as follows:

1. (a) Any person smoking in a posted "NO SMOKING" area, disfiguring or removing a "NO SMOKING" sign, or failing to post warning signs as set forth in this Chapter shall, upon conviction, be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand ($1,000) for a first offense; and not less than two hundred dollars ($200) nor a more than one thousand dollars ($1,000) for each subsequent offense;
2. (b) Each person found covering, removing, disfiguring, or otherwise destroying any sign posted under the provisions of this Chapter shall, upon conviction, be fined five hundred dollars ($500).
3. (c) Each person who fails to post or maintain "No Smoking" signs as required by this chapter shall be punished by a fine not to exceed five hundred dollars ($500). Each day that the violation continues shall constitute a separate offense and the penalties provided in this paragraph shall be applicable to each offense.
4. (d) Each person who fails to warn a smoker observed to be smoking in violation of the Acts and as required by this chapter, shall be punished by a fine not to exceed five hundred dollars ($500). Each day that the violation continues shall constitute a separate offense and the penalties provided in this paragraph shall be applicable to each offense.

2108.2 Hearings or adjudication of violations under this chapter shall be conducted pursuant to D.C. Official Code § 2-1801.01 et seq., (2001).

2108.3 Pursuant to D.C. Official Code § 22-1320(c), any person licensed to sell tobacco products who violates § 2104.1 or 2104.2 of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars ($500) or less than one hundred dollars ($100), or imprisoned not more than thirty (30) days, or both, for the first offense.

2108.4 Pursuant to D.C. Official Code § 22-1320(c), any person who commits a subsequent violation of § 2104.1 or 2104.2 shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars ($1,000) or less than five hundred dollars ($500), or imprisoned not more than ninety (90) days, or both.

2108.5 Pursuant to D.C. Official Code § 7-1731(b), any person who violates § 2107.1 of this chapter shall, upon conviction, be fined not less than two hundred fifty dollars ($250) for each violation.

SOURCE: As amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007).