B. A violation of any provision of this chapter shall, if feasible, first be the subject of a written notice to the responsible person that if, within a twelve (12) month period following the initial response, city personnel, including a peace officer, are again required to respond to the same person for violating this chapter, a criminal and/or administrative citation will be issued pursuant to Chapter 1.20 of this Code. Such notice shall be signed by the responsible person; however, such notice shall not be ineffective due to a party’s refusal to sign. If a responsible person declines or refuses to accept or sign any warning or notice, then such warning or notice may be issued pursuant to Section 1.20.020.D. Subsequent violation(s) occurring after issuance of a written warning shall be cause for a criminal and/or administrative citation to be issued pursuant to Chapter 1.20 and subject to appropriate legal action as provided by law, including criminal and/or civil enforcement.
C. Notwithstanding Section 9.110.090.L.3, any person found to be violating any provision of this chapter shall be punishable in accordance with Chapter 1.20 and a fine not to exceed one thousand dollars ($1,000.00) for the first violation.
D. Any person convicted of a subsequent violation under this Chapter shall, for each separate violation, be subject to: (A) a fine in an amount not to exceed one thousand two hundred fifty dollars ($1,250.00) for a second conviction of the same offense within a twelve (12)-month period from the date of the first offense; and (B) a fine in an amount not to exceed fifteen hundred dollars ($1,500) for the third conviction of the same offense within a twelve (12)-month period from the date of the first offense. The fine for a fourth and any subsequent conviction(s) of the same offense within a twelve (12)-month period from the date of the first offense shall be two thousand dollars ($2,000.00).
E. In addition, in the discretion of the City Attorney and based upon the specific facts and circumstances presented to him or her, including the time of day or night the alleged offense occurred, any such violation may be charged as an infraction subject to the penalties contained in Chapter 1.20.
[Ord. No. 631, 7/13/22.]