§ 30-31 LIMITATION.

   This chapter shall not be construed to repeal, suspend or modify the provisions of any other provision of this Code or any other ordinance of the City relating to the abandonment or keeping of items or materials of any kind which are hazardous to public health, safety or welfare upon any premises, nor to hinder or limit availability of injunction against the storage, accumulation or maintenance of the items or materials.

(Ord. 2624-B, passed 4-10-1978)

§ 30-32 PROSECUTION FOR VIOLATION OF §§ 30-1 – 30-30; ISSUANCE OF APPEARANCE TICKET.

   A prosecution for a violation of §§ 30-1 through 30-30 may be commenced by the issuance of an appearance ticket. The Chief of Police and his designee, as well as the individuals designated as Enforcement Officers pursuant to §§ 1-8 and 1-9 of the Code, shall have the authority to issue appearance tickets for violations of the sections.

(Ord. 2624-B, passed 4-10-1978; Ord. 2995, passed 6-9-1986; Ord. 3137, passed 5-29-1990)

§ 30-33 PENALTY AND DESIGNATION OF CERTAIN SECTIONS AS MUNICIPAL CIVIL INFRACTIONS.

   (a)   Any person convicted of a violation under this chapter, except as provided in subsection (b) below, shall:

      (1)   Receive up to a $500 fine and/or up to 90 days in jail;

      (2)   Be ordered to make full restitution for the costs incurred in the abatement and/or enjoining of the violation; and/or

      (3)   Be ordered to complete up to 40 hours of community service work.

   (b)   Any person, association or corporation found in violation of §§ 30-3, 30-4, 30-7, 30-9, 30-11, 30-12, 30-13, 30-14, 30-15, 30-18, 30-20, 30-21, 30-22, 30-23, 30-25, 30-26 shall be found responsible of a municipal civil infraction pursuant to §§ 1-10 through 1-21.

(Ord. 3348, passed 7-27-1997; Ord. 3556, passed 6-9-2004)

§ 30-34 INCREASE IN FINE OR IMPRISONMENT FOR SECOND OR SUBSEQUENT VIOLATION.

   Subject to the penalty maximums set forth in §§ 1-7 and 1-19 of this Code and subject to any other penalty maximums provided by law, persons found guilty of or responsible for violating a section of this chapter §§ 30-11 through 30-30 on a second or subsequent occasion shall be punished by a fine or imprisonment, where allowable by law, which shall exceed any previous fine or imprisonment levied against the person for the last previous offense.

(Ord. 2624-B, passed 4-10-1978; Ord. 3557, passed 6-9-2004)

§ 30-35 NOTICE OF VIOLATION.

   An authorized person, in his or her discretion, may serve upon an individual found violating any provision of this chapter a notice of the violation pursuant to §§ 1-10 through 1-21.

(Ord. 2624-B, passed 4-10-1978; Ord. 3558, passed 6-9-2004)

§ 30-36 PROVISIONS OF §§ 30-10 – 30-35 NOT TO CONSTITUTE PERMISSION TO DO ACTS PROHIBITED BY OTHER LAW.

   Nothing contained in §§ 30-10 through 30-35 shall constitute permission to do acts prohibited by other law.

(Ord. 2624-B, passed 4-10-1978)

§ 30-37 FINDINGS WITH RESPECT TO DRUG USE.

   The City determines that, whenever the repeated use, sale, furnishing, giving or possession of controlled substances or drug paraphernalia occurs on any property, increased criminal activity occurs in the neighborhood surrounding the property, increased pedestrian and/or vehicular traffic occurs in the neighborhood surrounding the property are disturbed, a public nuisance is thereby created.

(Ord. 3186, passed 11-11-1991)