§ 6-122. Penalties and enforcement.

(a)

A person who violates this chapter, or who fails to perform an act required of him by this chapter, commits an offense.

(b)

A person violating a provision of this chapter commits a separate offense for each day or part of a day during which a violation is committed, continued, or permitted.

(c)

A culpable mental state is not required for the commission of an offense under this chapter that is punishable by a fine not exceeding five hundred dollars ($500.00), unless the provision defining the conduct expressly requires a culpable mental state.

(d)

Unless specifically provided otherwise in this chapter, an offense under this chapter is punishable by a fine not to exceed:

(1)

Two thousand dollars ($2,000.00) if the provision violated governs public health or sanitation;

(2)

The amount fixed by state law if the violation is one for which the state has fixed a fine; or

(3)

Five hundred dollars ($500.00) for all other offenses.

(e)

Unless specifically provided otherwise in this chapter or by state law, an offense under this chapter is punishable by a fine of not less than:

(1)

One hundred dollars ($100.00) for a first conviction of a violation of sections 6-13; 6-18(g); 6-18(i)(1) and (2); 6-20(d)(1); 6-42(a)(1), (3), and (4); (b)(1) through (3); (e)(1) through (4); (f)(1) through (5), and (g)(1) through (7);

(2)

One hundred fifty dollars ($150.00) for a first conviction of a violation of sections 6-19(e)(1) through (6), 6-43, and 6-46(r);

(3)

Two hundred dollars ($200.00) for a first conviction of a violation of section 6-18(c) and (d); 6-21; 6-22(b); 6-23(a), (f)(1) through (3); 6-42(a)(2) and (5).

(f)

The minimum fines established in subsection (e) will be doubled for the second conviction of the same offense within any twelve-month period and trebled for the third and subsequent convictions of the same offense within any twelve-month period. At no time may the minimum fine exceed the maximum fine established in subsection (d).

(g)

Prosecution for an offense under subsection (a) does not prevent the use of civil enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense.

(h)

Where it is deemed necessary by the city manager and the director, the city attorney's office is hereby empowered to secure injunctive relief to enforce the provisions of this chapter. This shall be in addition to, and not in lieu of, the criminal penalties provided for in this chapter.

(Ord. No. 2010-O-029, § 1, 3-15-10)