(A) Garbage, refuse and litter.
(2) Any person who violates, disobeys, omits, neglects or refuses to comply with any provision of §§ 50.001 through 50.015 is responsible for a municipal civil infraction for the first and second offense of the same provision of §§ 50.001 through 50.015 within a period of 365 days. The City Council, by resolution during the adoption of the annual budget, shall establish a fine structure for a first and second offense.
(3) Any person who violates, disobeys, omits, neglects or refuses to comply with any provision of §§ 50.001 through 50.015 is responsible for a misdemeanor for the third and any subsequent offense of the same provision of this subchapter within a period of 365 days. Upon conviction, the person may be fined up to $500, sentenced to 90 days in jail, sentenced to community service for a time determined by the judge or any combination of the above.
(4) In addition to any other penalty or sanction provided in §§ 50.001 through 50.015, the court may require the defendant to pay the cost of removing all litter or accumulated refuse which is the subject of the violation and the cost of damages to any land, wildlife, vegetation or other natural resource or to any facility damaged by violation of this subchapter. Money collected under this division shall be distributed to the city.
(Ord. 513, passed 5-9-2005)
(B) Roll-off containers on public rights-of-way.
(2) Any roll-off container in the public way not bearing the roll-off container identification, not validly permitted, or not located immediately adjacent to the street address specified in the permit may be removed by the city, and all costs associated with removal shall be borne by the provider of the roll-off container. The owner of a roll-off container, if different from a provider, shall be jointly and severally liable with the provider for any violation of §§ 50.030 through 50.035.
(Ord. 2007-534, passed 10-23-2007)