§ 91.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   (1)   Any violation of the provisions of §§ 91.01 through 91.10 or failure to comply with any of their requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or both, plus the cost of prosecution in any case.

      (2)   Violations of §§ 91.01 through 91.10 of this code can occur regardless of whether or not a permit is required for a regulated activity pursuant to §§ 91.01 through 91.10 of this code.

(Prior Code, § 10-72)

   (C)   When a violation of §§ 91.45 through 91.47 of this code has occurred, the food establishment shall be subject to the penalties set forth below.

      (1)   A violation of §§ 91.45 through 91.47 of this code is a misdemeanor.

      (2)   Violations of §§ 91.45 through 91.47 of this code shall result in the following penalties:

         (a)   A warning notice in writing for the first violation;

         (b)   A fine of $100 for the second violation; and

         (c)   Repeat subsequent violations within 24 months will incur a fine double the amount of the fine imposed for the previous violation, up to a maximum of $2,000. For example, if there were four occurrences of a violation that carried a $100 fine: first is $0 (warning); second is $100, third is $200, fourth is $400.

      (3)   At the time a violation occurs, the food establishment will be given 14 calendar days to take corrective action before a subsequent fine is issued.

(Ord. 04-2018, passed 10-1-2018)