§ 95.99  PENALTY.
   (A)   Except as otherwise provided by state law, wherever in this chapter or in a rule or regulation promulgated by the authority invested by this chapter any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful, then the violation thereof is declared to be a misdemeanor.
   (B)   Any person, firm or corporation violating, or any person, firm or corporation having the power by virtue of any contract or agreement to control or enforce the action of another person who violates any of the provisions of this chapter or any rule or regulation promulgated under the authority invested by this chapter shall be punished by a fine not exceeding $50, plus costs, for the first conviction.  Each subsequent conviction of the same person, firm or corporation for a violation of the same provision of this chapter, or a rule or regulation promulgated under the authority invested by this chapter, which violation occurs within 12 months of a previous conviction for a like violation will be punishable by a fine not exceeding $2,500 plus costs.  Each and every day any violation of this chapter, or any rule or regulation promulgated under the authority invested by this chapter, shall constitute a separate offense.
   (C)   In any prosecution based upon this section, it shall be necessary to allege only the first day with respect to which any fine is assessable, and upon conviction, the offender shall be assessed for that day and each day subsequent thereto with respect to which it is proven and found that the person did commit such violation.
   (D)   In all cases where the same action or inaction may be punishable by different clauses or sections of this chapter or the rules and regulations promulgated by authority invested by this chapter, the prosecuting officer may elect under which to proceed, but not more than one penalty shall be had against the same person for the same offense.
(`94 Code, § 93.99) (Ord. 4-1980, passed 5-12-80)