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<br />NOW, THEREFORE, <br />THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: <br /> <br />Section 1. Section 6.232 is added to the Eugene Code, 1971, to provide: <br /> <br />6.232 SmokinQ Prohibited in Public Structures. In addition to the prohibitions in <br />section 6.230 of this code, smoking is prohibited in all structures to which the <br />public is invited or permitted and in all structures under the control of a public <br />or private employer, except in structures that, as of March 1,2005, met both <br />of the following requirements: <br />(a) The structure was authorized by a building permit, if required, and <br />construction had actually begun; and <br />(b) Smoking was lawful in the structure or space covered by the structure. <br /> <br />Section 2. Subsection (12) of Section 6.990 of the Eugene Code, 1971, is <br /> <br />amended as follows: <br /> <br />6.990 Penalties - Specific. <br />(12) Any person who violates a provision of section 6.230, 6.232 or 6.235, or <br />a business, owner, or employer who permits a violation of sections <br />6.230,6.232 or 6.235 of this code to occur, shall, upon conviction, be <br />punished by a fine of: <br />(a) Not less than $50, nor more than $100 for the first violation; <br />(b) Not less than $100, nor more than $200 for the second violation <br />occurring within a period of 12 months from the first violation; <br />(c) Not less than $250, nor more than $500 each for the third and <br />subsequent violations occurring within a period of 12 months from <br />the first violation. <br />The above penalties are in addition to, and not in lieu of, any administrative <br />civil penalties that may be imposed or other remedies the city may have <br />under this code or other laws or regulations. <br /> <br />Section 3. The City Recorder, at the request of, or with the concurrence of the <br /> <br />City Attorney, is authorized to administratively correct any reference errors contained <br /> <br />herein or in other provisions of the Eugene Code, 1971, to the provisions added, <br /> <br />amended or repealed herein. <br /> <br />Ordinance - 2 <br />