10.66.120 Enforcement and Penalty Provisions.
The City intends to secure compliance with the provisions of this chapter by any of the following alternate, separate and distinct methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations nor does it prevent utilization of any other enforcement mechanisms and/or penalties available by law. Each day a violation exists constitutes a separate offense. Notwithstanding any other provision of this chapter, each violation of the provisions of this chapter may be enforced alternatively as follows:
A. Infraction. Any person or entity, including, without limitation, a driver or company violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for an infraction. Written citations for infractions may be issued by Police Officers or nonsafety employees designated by the City by separate resolution. Any person convicted of an infraction under the provisions of this chapter shall be punished by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year;
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year.
B. Misdemeanor. Any person or entity including without limitation a driver or company violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by Police Officers or by nonsafety employees designated by the City by separate resolution. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.
C. Civil Action. The City Attorney, by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this chapter, as provided by law. (Ord. 1030 § 2(8), 2018; Ord. 944 § 1 (part), 2005)