(A) A person, association, corporation or business is guilty of an offense defined in this chapter when:
(1) The conduct constituting the offense consists of a failure to discharge a specific duty imposed upon a person, corporation, association or business by law; or
(2) The conduct or act or failure to act constituting the offense is engaged in, authorized, commanded or wantonly tolerated by the board of directors, by a mortgagee or by a high managerial agent acting within the scope of his or her employment in behalf of the person, corporation, association or business; or
(3) The conduct constituting the offense is engaged in by an agent of the person, association, corporation or business acting within the scope of his or her employment and in behalf of the person, corporation, association or business and:
(a) The offense is a misdemeanor or violation; or
(b) The offense is one defined by any law of the state or by any law, local law, or ordinance of a political subdivision of the state or by any law, order, rule, or regulation of any governmental instrumentality authorized by law to adopt the same which clearly indicates a legislative intent to impose such criminal liability on a person, corporation or business.
(B) As used in this chapter:
(1) AGENT means any officer, director, servant or employee of the person, corporation, association or business or any other person authorized to act in behalf of the person, corporation or business.
(2) HIGH MANAGERIAL AGENT means an officer of a person, corporation or business or any other agent of a person, corporation or business who has duties of such responsibility that his or her conduct reasonably may be assumed to represent the policy of the person, corporation or business.
(Ord. 2009-005, passed 7-13-09)