§ 121.99 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 person or private entity who fails to comply with the provisions of §§ 121.25 through 121.30 of this chapter or any order issued pursuant to §§ 121.25 through 121.30 of this chapter shall be guilty of a violation punishable by a fine. An official of the city may issue a citation for any violation of §§ 121.25 through 121.30 of this chapter.

      (2)   Fines shall be $200 for the first offense; $250 for the second offense; and $500 for the third offense and any additional offenses.

      (3)   The outdoor café permit issued under the provisions of §§ 121.25 through 121.30 of this chapter is a temporary license that may be denied, suspended or revoked for any conduct that is contrary to the provisions of §§ 121.25 through 121.30 of this chapter or for any use of the permitted area that in any manner creates a public nuisance or constitutes a danger to the public’s health, safety or welfare in the sole discretion of any official of the city.

      (4)   Violations of §§ 121.25 through 121.30 of this chapter may be abated by the city. The city may recover the reasonable costs of any abatement action.

      (5)   Any person or private entity cited under §§ 121.25 through 121.30 of this chapter may appeal said citation and request a hearing before the Elizabethtown Code Enforcement Board pursuant to the process and procedures of Ord. 09-2003, adopted April 2003, as amended.

(Ord. 19-2015, passed 11-16-2015)