They can’t refuse to pay the fine, but they have to be found guilty. Which means there has to be witnesses who are willing to take a day off from work and show up for 5 hours of court to testify for a nuisance violation.
Won’t happen. They won’t show. You can smoke all you want and not pay a fine. You just have to be willing to waste a day in municipal court. I did it once just for kicks and giggles. When the witness to the “crime” doesn’t show...it’s case dismissed. Plus I actually enjoyed the 3 hours watching the court cases. It was like cable TV.