§ 93.99 PENALTY.

   (A)   Upon a first violation, in a 12-month period, of any provision of §§ 93.01 through 93.09, the Mayor and his or her designee(s) shall issue a warning letter to the individual or proprietor. Thereafter, the penalties contained in divisions (B), (C) and (D) of this section shall apply.

   (B)   If, within one year of the offense, the individual or proprietor previously has been issued a warning letter pursuant to division (A) of this section and has not been convicted of or pleaded guilty to a violation of any provision of §§ 93.01 through 93.09, a fine of not more than $250 and up to 30 hours of community service.

   (C)   If, within one year of the offense, the individual or proprietor previously has been issued a warning letter pursuant to division (A) of this section and been convicted of or pleaded guilty to one violation of any provision of §§ 93.01 through 93.09, a fine of not more than $500 and up to 30 hours of community service.

   (D)   If, within one year of the offense, the individual or proprietor previously has been issued a warning letter pursuant to division (A) of this section and been convicted of or pleaded guilty to two or more violations of any provision of §§ 93.01 through 93.09, a fine of not more than $1,000 and up to 30 hours of community service.

   (E)   It is an affirmative defense for the proprietor to any charge under § 93.02(C) if the violation does not occur on or within the property boundaries of the proprietors public place or place of employment.

   (F)   It is an affirmative defense to any charge under § 93.03 if the proprietor or other person in charge or control of a public place or place of employment fails to comply with the requirements of § 93.07(A) or (B).

(Ord. O-2035-04, passed 2-28-05)