(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Any person who violates § 92.01 commits a Class C misdemeanor. In lieu of formal court proceedings, a law enforcement officer may issue a citation by the Town Marshal. Such citation shall impose a penalty of $50 which may, at the discretion of the cited person(s) or business(es), be paid to the Town Clerk-Treasurer’s office within 72 hours in full satisfaction of the assessed penalty. This penalty shall increase by $25 for each subsequent offense.
(C) (1) Any person who lights or otherwise discharges any restricted firework(s) during any prohibited time period shall be in violation of § 92.03, and may be issued a citation by the Town Marshal or any duly authorized law enforcement official. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third violation shall be $400, and shall double for each subsequent violation thereafter. The aforementioned fine shall be payable to the General Fund of the town.
(2) Any person issued a citation for a violation of § 92.03 may appeal the issuance of the citation by providing written notice to the Clerk-Treasurer’s office no later than 30 days after the issuance date of the citation. The Clerk-Treasurer shall notify the Town Council and place the request for an appeal on the agenda of the next Town Council meeting where the Town Council by majority vote, shall determine the validity of the citation after presentation of relevant evidence.
(3) Any violation that remains unpaid for a period of ten days after the date of issue (or ten days after the Town Council determination of validity if appeal is requested) will result in a small claim filing against the offender. In event of any small claims filing, the offender will be responsible for any court costs together with reasonable attorney fees for the services of the Town Attorney in bringing the action to collect the unpaid fine.
(Ord. 2001-01, passed 1-8-2001; Ord. 2019-03, passed 8-5-2019)