SEC. 7A-20. PENALTY FOR VIOLATION OF CHAPTER; ENFORCEMENT OF CHAPTER.

   (a)   Penalty for violation of chapter: A person who violates a provision of this chapter, or who fails to perform an act required of him by this chapter, commits an offense. A person is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted.

   (b)   An offense under this chapter is punishable by a fine of not more than $2,000 nor less than:

      (1)   $50 for a first conviction of a violation of Section 7A-16, 7A-17, or 7A-19;

      (2)   $100 for a first conviction of a violation of Section 7A-18; and

      (3)   $200 for a first conviction of a violation of Section 7A-7.1.

   (c)   The minimum fines established in Subsection (b) shall be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time shall the minimum fine exceed the maximum fine established in Subsection (b).

   (d)   Except where otherwise specified, a culpable mental state is not required for the commission of an offense under this chapter.

   (e)   Authority to enforce chapter: The director shall enforce this chapter when violations occur on private property; except that, when a fire hazard exists on private property, this chapter shall be enforced by the fire marshal. Any police officer of the city shall enforce this chapter when a violation occurs in a public place, and any member of the park patrol of the city is empowered to enforce this chapter when a violation occurs in any public park in the city.

   (f)   For the purpose of this section, DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter or the director’s authorized representative.

   (g)   As an alternative to imposing the criminal penalty prescribed in Subsection (b), the city may impose administrative penalties, fees, and court costs in accordance with Article IV-b of Chapter 27 of this code, as authorized by Section 54.044 of the Texas Local Government Code, for an offense under Section 7A-18 of this chapter. The alternative administrative penalty range for an offense is the same as is prescribed for a criminal offense in Subsection (b). (Ord. Nos. 10371; 12134; 13804; 17226; 19963; 20599; 25927)