(a) The following shall be considered violations of this chapter:
(1) Failing, neglecting or refusing to make any return or declaration required by this chapter; or
(2) Making any incomplete, false or fraudulent return; or
(3) Failing, neglecting or refusing to pay the tax, penalties or interest imposed by this chapter; or
(4) Failing, neglecting or refusing to withhold the tax from employees or to remit such withholding to the City Treasurer; or
(5) Refusing to permit the City Auditor or any duly authorized agent or employee to examine books, records and papers relating to the income or net profits of a taxpayer; or
(6) Failing to appear before the City Auditor or duly authorized agent or employee and to produce books, records and papers relating to the income or net profits of a taxpayer under order or subpoena of the City Auditor; or
(7) Refusing to disclose to the City Auditor or duly authorized agent or employee any information with respect to the income or net profits of a taxpayer; or
(8) Failing to comply with the provisions of this chapter or any order or subpoena of the City Auditor authorized hereby; or
(9) Attempting to do anything whatever to avoid the payment of the whole or any part of the tax, penalties or interest imposed by this chapter.
(b) Any person who violates any of the provisions of Section 189.14(a) above shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than six (6) months, or both, for each offense.
(c) All prosecutions under this section must be commenced within three (3) years from the time of the offense complained of, except in the case of failure to file a return or in the case of filing a false or fraudulent return, in which cases the limitation of time within which prosecution must be commenced shall be six (6) years from the date the return was due or the date the false or fraudulent return was filed.
(d) The failure of any employer or taxpayer or person to receive or procure a return, declaration or other required form shall not excuse him from making any infonnation return or declaration, from filing such form, or from paying the tax.
(Ord. 2004-26. Approved by voters 5-25-04.)