Any person who violates any provision of this subchapter, other than § 8 of D.C. Law 3-22, by:
(1) Smoking or using tobacco products in a posted "No Smoking" or "No Use of Tobacco Products" area or defacing or removing a "No Smoking" or "'No Use of Tobacco Products" sign, or failing to post warning signs as set forth in § 7-1704(a) and (a-3) shall be assessed a civil fine of no less than $10 nor more than $50 for the 1st violation; and no less than $50 nor more than $100 for each 2nd or subsequent violation; or
(2) Obscuring, removing, defacing, mutilating, or destroying a sign posted in accordance with the provisions of this subchapter shall be assessed a civil fine of no more than $300; or
(3) Failing to post or cause to be posted "No Smoking" or "No Use of Tobacco Products" signs and by failing to warn a smoker or user of tobacco products observed to be smoking or using tobacco products in violation of this subchapter to stop doing so, as required by this subchapter, shall be assessed a civil fine of no more than $300. Each and every day that the violation continues shall constitute a separate violation, and the civil penalties provided for in this paragraph shall be applicable to each separate offense; provided, that such civil penalties shall not be levied against an employee or officer of a branch, agency, or instrumentality of the District government.
