§ 111.99  PENALTY.
   (A)   Any person who shall fail to comply with any of the provisions of this chapter or who shall violate any of the provisions set forth herein, unless a penalty is specified elsewhere, shall be subject to the penalties as set forth in § 10.99 of this code of ordinances.
   (B)   (1)   Any person who commits an act prohibited or made unlawful by §§ 111.40 through 111.55 or §§ 111.65 through 111.77 of this chapter or fails to perform any act required by such subchapter shall be guilty of a violation.  Each act of violation, or in the case of continuous violation, and every day upon which any such violation shall occur shall constitute a separate offense.  In addition, if the court finds for the city, the city shall recover its costs of suit including reasonable experts' fees, attorney fees, and necessary investigative costs.  Parties held responsible for violations of §§ 111.40 through 111.55 or §§ 111.65 through 111.77 shall include corporate officers, partners, or owners as identified on the business license application or as may be otherwise identified by the city as a result of any related investigation.
      (2)   The Police Department is hereby authorized to seize any amusement device located within the city in contravention of any of the provisions of §§ 111.40 through 111.55.  Upon such seizure the Police Department shall notify the owner of the seized devices, or the person in whose place of business the amusement device was placed, of such seizure and the reason therefor.  The Police Department shall hold any such seized devices for a period of not less than ten days from the date of the required notification to the owner or operator of the premises.  During this period the owner or operator may redeem any such machine by correcting the violation of this division which led to such seizure. Any amusement devices which are so seized and which are not redeemed within the ten-day period described in this division (B)(2) shall become the property of the city.  Costs for transportation and storage charges will be billed to the owner of any amusement devices seized and must be paid before the release of the devices from city storage.  The city will be held harmless for any damage occurring during the act of confiscation, transportation, and storage of each device.
   (C)   Violations of § 111.77, Prohibited Conduct shall follow the penalty schedule below:
      (1)   First offense.  The licensee or his or her representative shall be informed of the noise ordinance and corrective measures to achieve compliance. This shall constitute an official warning and should be accomplished in writing if possible.
      (2)   Second offense.  A citation shall be issued to the licensee or his or her representative in the amount of $250.
      (3)   Third offense.  A citation shall be issued to the licensee or his or her representative in the amount of $500.
      (4)   Fourth and subsequent offenses.  A citation shall be issued to the licensee or his or her representative in the amount of $1,000.
(Ord. passed 3-7-95; Am. Ord. passed 10-4-05; Am. Ord. passed 6-6-06)