Pennsylvania Statutes Title 35 P.S. Health and Safety § 637.6. Violations, affirmative defenses and penalties

(1) Fail to post a sign as required by section 4.  1

(2) Permit smoking in a public place where smoking is prohibited.

(3) Smoke in a public place where smoking is prohibited.

(1) When the violation occurred, the actual control of the public place was not exercised by the owner, operator or manager but by a lessee.

(2) The owner, operator or manager made a good faith effort to prohibit smoking.

(3) The owner, operator or manager asserting the affirmative defense shall do so in the form of a sworn affidavit setting forth the relevant information mentioned under paragraphs (1) and (2).

(1) If the department or a State licensing agency or a county board of health determines that a person has violated subsection (a), the person shall be subject to a penalty not to exceed $250.

(2) If the department or a State licensing agency or a county board of health determines that a person has violated subsection (a) within one year of receiving a penalty under paragraph (1), the person shall be subject to a penalty not to exceed $500.

(3) If the department or a State licensing agency or a county board of health determines that a person violated subsection (a) within one year of receiving a penalty under paragraph (2), the person shall be subject to a penalty not to exceed $1,000.

(4) This subsection is subject to 2 Pa.C.S. (relating to administrative law and procedure).

(5) The penalties collected under this subsection shall be retained by the department or the State licensing agency initiating the enforcement action.

(1) If a county board of health determines that a person violated subsection (a), the person shall be subject to a penalty not to exceed $250.

(2) If a county board of health determines that a person has violated subsection (a) within one year of receiving a penalty under paragraph (1), the person shall be subject to a penalty not to exceed $500.

(3) If a county board of health determines that a person violated subsection (a) within one year of receiving a penalty under paragraph (2), the person shall be subject to a penalty not to exceed $1,000.

(4) This subsection is subject to 2 Pa.C.S. Ch. 5 Subch. B   2 (relating to practice and procedure of local agencies) and Ch. 7 Subch. B   3 (relating to judicial review of local agency action).

(5) The penalties collected under this subsection shall be retained by the county board of health initiating the enforcement action.

(1) A person that violates this act commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $250.

(2) A person that violates this act within one year of being sentenced under paragraph (1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $500.

(3) A person that violates this act within one year of being sentenced under paragraph (2) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000.

(4) The following apply to actions by law enforcement officers: