(A) It is a misdemeanor for any person to violate any provision of this chapter, and upon conviction of such violation, such person shall be punished by a fine of not more than $500. The violation of any section or subsection of this chapter shall constitute a separate and distinct offense independent of the violation of any other section or subsection or of any order issued pursuant to this chapter. Each day of violation shall constitute an additional, separate and distinct offense.
(B) (1) Any such person charged with a violation of the provisions of this chapter shall be issued an air pollution citation requiring him to appear on a day to be named therein, before the district court for the county. It shall be the duty of the control officer to issue such air pollution citations. Such citation shall contain the following:
(a) Name and address of the person charged with a violation of this chapter;
(b) Location or address and the date and time the alleged violation is said to occur;
(c) The offense with which such person is charged;
(d) Time and place the person shall appear in court;
(e) A space in which the person may endorse the citation;
(f) Such other pertinent information as necessary.
(2) The person to whom a citation has been issued shall signify his willingness to appear before the district court named, on the day named, by endorsing his name and address on such citation. If such person shall fail to appear, the district court shall issue a warrant for the arrest of such person or in lieu of such warrant may send by certified mail a summons to the violator at his last known address, setting the case for trial on a date at least 2 weeks subsequent to the original date of trial.
(C) The time specified in the notice to appear shall be a minimum of 5 days after the alleged violation unless the person charged with the violation requests an earlier hearing. If a person does not willingly consent in writing to issuance of the citation or is not a resident of the state, the following actions are authorized by a police officer or control officer:
(1) If a police officer witnessed the violation, he shall proceed to arrest the person; or
(2) If the control officer who witnessed the violation is not a police officer, he shall proceed to obtain a warrant from a commissioner of the district court or a judge of the district court in the manner provided by law.
(D) Action pursuant to subsection (A) of this section shall not be a bar to enforcement of this chapter, and orders made pursuant to this chapter, by injunction or other appropriate remedy, and the county shall have the power to institute and maintain in the name of the county any or all such enforcement proceedings.
(E) The County Attorney shall enforce compliance with the requirements of this chapter through any appropriate legal remedies and shall prosecute violations in accordance with the provisions of this chapter.
(F) Nothing in this chapter shall be construed to abridge, limit, or otherwise impair the right of any person to damages or other relief on account of injuries to persons or property and to maintain any action or other appropriate proceedings therefor.
(1959 Code, § 41-10, 41-11) (Ord. 14-23-678, 11-13-2014)