§ 5.48.130  ENFORCEMENT AND PENALTY PROVISIONS.
   (A)   The town intends to secure compliance with the provisions of this chapter by any of the following alternate, separate and distinct methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations nor does it prevent utilization of any other enforcement mechanisms and/or penalties available by law. Each day a violation exists constitutes a separate offense.
   (B)   Notwithstanding any other provision of this chapter, each violation of the provisions of this chapter may be enforced alternatively as follows:
      (1)   Infraction. Any person or entity including without limitation a driver or company violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or non-safety employees designated by the town by separate resolution. Any person convicted of an infraction under the provisions of this chapter shall be punished by:
         (a)   A fine not exceeding $100 for a first violation;
         (b)   A fine not exceeding $200 for a second violation within one year; and
         (c)   A fine not exceeding $500 for each additional violation within one year.
      (2)   Misdemeanor. Any person or entity including without limitation a driver or company violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by non-safety employees designated by the town by separate resolution. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
      (3)   Civil action. The Town Attorney by and at the request of the Town Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this chapter, as provided by law.
(Ord. 709, passed 5-17-2005)