§ 154.999  PENALTY.
   (A)   It shall be unlawful and an offense for any person to do the following:
      (1)   Engage in any activity not permitted by the terms of a gas well permit issued under this chapter;
      (2)   Fail to comply with any condition set forth in a gas well permit issued under this chapter; or
      (3)   Violate any provision or requirement set forth under this chapter.
   (B)   Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed $2,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. It is provided, however, that this section shall not be interpreted nor is it intended as a limit on civil penalties and fines that may be assessed under other laws and regulations.
   (C)   All ordinances and provisions of ordinances of the Town of Lakeside, Texas, that are in conflict with this chapter shall be, and are hereby repealed, and all ordinances and provisions of ordinances not so repealed are hereby retained in full force and effect.
   (D)   If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this chapter.
   (E)   All of the regulations provided in this chapter are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any town official or employee charged with the enforcement of this chapter, acting for the town in the discharge of his or her duties, shall not thereby render himself or herself personally liable; and he or she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties.
   (F)   Any violation of this chapter can be enjoined by a suit filed in the name of the Town of Lakeside in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this section or in the Town of Lakeside Code of Ordinances.
   (G)   The caption and penalty of this chapter shall be published in a newspaper of general circulation in the Town of Lakeside, Texas, in compliance with the provisions of Article VII, Section 15, of the Town Charter. Further, this chapter may be published in pamphlet form and shall be admissible in such form in any court, as provided by law.
(Ord. 326, passed 7-14-2011)