§ 5-23.06 VIOLATION—PENALTY.
   (A)   Every person vending without a sidewalk vending permit is guilty of an administrative violation punishable by an administrative fine not to exceed:
      (1)   Two hundred fifty dollars ($250) for a first violation; or
      (2)   Five hundred dollars ($500) for a second violation within one year of the first violation; or
      (3)   One thousand dollars ($1,000) for each additional violation within one year of the first violation.
   (B)   Upon proof of a valid permit issued by the Community Development Department, the administrative fine in division (A) of this section will be reduced to the corresponding administrative fine in division (C) below.
   (C)   Every person violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:
      (1)   One hundred dollars ($100) for a first violation; or
      (2)   Two hundred dollars ($200) for a second violation within one year of the first violation; or
      (3)   Five hundred dollars ($500) for each additional violation within one year of the first violation.
   (D)   The City Manager may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter.
   (E)   Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the city may levy a lien on the violator’s real or personal property, including the vehicle used for vending purposes.
   (F)   An administrative violation constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter.
(Ord. 2164-C-S, passed 4-9-19)