Nebraska Statutes 71-5733. Prohibited acts; penalties; act of employee or agent; how construed
(1) A person who smokes in a place of employment or a public place in violation of the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses. A person charged with such offense may voluntarily participate, at his or her own expense, in a smoking cessation program approved by the Department of Health and Human Services, and such charge shall be dismissed upon successful completion of the program.
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class IV misdemeanor | up to $500 | |
| Class V misdemeanor | up to $100 |
Terms Used In Nebraska Statutes 71-5733
- Employee: means a person who is employed by an employer in consideration for direct or indirect monetary wages, profit, or other remuneration. See Nebraska Statutes 71-5720
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Place of employment: means an indoor area under the control of a proprietor that an employee accesses as part of his or her employment without regard to whether the employee is present or work is occurring at any given time. See Nebraska Statutes 71-5724
- Proprietor: means any employer, owner, operator, supervisor, manager, or other person who controls, governs, or directs the activities in a place of employment or public place. See Nebraska Statutes 71-5725
- Public place: means an indoor area to which the public is invited or in which the public is permitted, whether or not the public is always invited or permitted. See Nebraska Statutes 71-5726
(2) A proprietor who fails, neglects, or refuses to perform a duty under the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses.
(3) Each day that a violation continues to exist shall constitute a separate and distinct violation.
(4) Every act or omission constituting a violation of the Nebraska Clean Indoor Air Act by an employee or agent of a proprietor is deemed to be the act or omission of such proprietor, and such proprietor shall be subject to the same penalty as if the act or omission had been committed by such proprietor.