§ 26-161. Enforcement and penalty.  


Latest version.
  • (a)

    Authority. The director is authorized to enforce the provisions of this article.

    (b)

    Civil jurisdiction. This article may be enforced by civil and /or criminal court action as provided by state and federal law. Injunctive relief may be imposed if violations of the ordinance occur on more than three (3) occasions during any one (1) calendar year with each day or portion of a day constituting a separate offense.

    (c)

    Offenses. A person who violates subsections 26-158(a), 26-158(b), 26-158(c), 26-159(a), 26-159(b), 26-159(c) and 26-159(d) of this chapter is guilty of a misdemeanor with each day or portion of a day constituting a separate offense during which the violation continues.

    (d)

    Penalty.

    (1)

    Each offense under subsections 26-158(a), 26-158(b), 26-158(c), 26-159(a), 26-159(b), 26-159(c) and 26-159(d) is punishable by a fine not to exceed two thousand dollars ($2,000.00).

    (2)

    In addition to the maximum fine prescribed by subsection (d)(1), an offense under the above sections is punishable by a fine of not less than two hundred fifty dollars ($250.00). This minimum fine will be doubled for the second conviction of the same offense within any twelve-month period and tripled 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)(1).

    (e)

    Culpability. A person is criminally responsible for a violation of this article if the person:

    (1)

    Commits or assists in the commission of a violation; or

    (2)

    Is a customer, owner, tenant, permittee or other person in control of the premises determined to be the source of a violation.

(Ord. No. 7937, § 1, 4-7-09)