(A) Any establishment in violation of the provisions of this chapter is unlawful and a public nuisance, subject to abatement, removal or enjoinment thereof in the manner provided by law.
(B) Any violation of the provisions of this chapter shall constitute an infraction violation and the violator shall be subject to the imposition of criminal penalties and civil fines. For each separate violation of any provision of this chapter, the person convicted of such infraction shall be subject to the following fines for each separate violation:
(1) A fine in an amount not to exceed $100 for a first conviction of an offense;
(2) A fine in an amount not to exceed $200 for a second conviction of the same offense within a 12 month period from the date of the first offense; and
(3) A fine in an amount not to exceed $500 for a third conviction of the same offense within a 12 month period from the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a 12 month period of the date from the first offense shall be $500.
(C) In lieu of issuing an infraction citation, the city may issue an administrative citation, and/or assess an administrative fine consistent with the infraction civil fines set out above, pursuant to any other ordinance within its municipal code.
(D) Nothing in this section shall preclude the city from issuing an infraction or misdemeanor citation upon the occurrence of the same subject offense on a separate day.
(E) The remedies provided herein are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law.
(Ord. 1453, passed 12-7-05)