§ 95.99 PENALTY.

   (A)   The following fines shall be imposed for violations of this chapter:

      (1)   Upon the first Notice of Violation issued for false alarms or operation of an illegal telephone dialing device, no fine shall be charged, but a record of the violation shall be made.

      (2)   Upon the second Notice of Violation for a false alarm or operation of an illegal telephone dialing device, a fine of $25 is hereby imposed.

      (3)   Upon the third Notice of Violation, and upon each and every other Notice of Violation thereafter, a fine of $50 is hereby imposed for false alarms or operation of an illegal telephone dialing device.

      (4)   A fine of $100 is hereby imposed for failure to obtain or renew a permit as required by § 95.02, or the failure to pay the permit fee imposed under § 95.04.

      (5)   All fines imposed by this division (A) shall be paid to the HCSD within 30 days after the Notice of Violation is served. In the event such fines are not paid as required, penalties may be imposed in accordance with division (B) of this section. All fines collected shall be deposited in the County General Fund.

   (B)   The County Attorney is hereby authorized to institute court action under the authority of I.C. 36-1-6-3(b) or I.C. 36-1-6-4 to enforce any provisions of this chapter, including the payment of fines. In such event, the court is authorized to impose, in addition to any unpaid fines imposed under division (A) of this section, penalties of up to $2,500 pursuant to § 10.99 of the Howard County Code of Ordinances.

   (C)   Upon 20 days prior written notice to a permit holder and the opportunity to be heard, the HCSD (in addition to the imposition of fines) may revoke a permit issued under § 95.02 after the fourth notice of violation given in any one calendar year. Any such revocation shall be in writing and the permit holder may not apply for a new permit until 60 days after the date of revocation.

(Ord. 2005-BCC-67, passed 12-19-05)