(A) Any person violating any term or provision of this chapter shall, upon conviction, be fined not less than $125 plus costs and not more than $750 plus costs.
(B) Any law enforcement officer witnessing a violation of this chapter may issue a "No Court Appearance Required" citation to the violator. Such citation when issued shall require the payment of a civil penalty in the amount of $75 to the city within 30 days from the date of the citation for a first offense. For a second or subsequent offense, the civil penalty shall be the sum of $150. All civil penalties shall be paid within 30 days in the office of the City Clerk. In the event a person issued a “No Court Appearance Required” citation fails to pay the civil penalty within 30 days, the law enforcement officer shall issue such person a Notice to Appear requiring a court appearance for such violation. The penalty to be imposed for such conviction shall be the fine and court costs authorized in division (A) above.
(C) A permit issued pursuant to this chapter may be suspended by the Chief of Police or his or her designee for just cause. JUST CAUSE as used herein shall mean:
(1) The holder of the permit made material misrepresentations or omissions in the application for the permit; or
(2) The holder of the permit no longer maintains the required liability insurance in full force and effect; or
(3) There is evidence that the holder of the permit or another authorized user has operated the permitted non-highway vehicle unsafely or has engaged in conduct violating the terms and conditions of this chapter in the operation of said permitted non-highway vehicle; or
(4) The permitted non-highway vehicle can no longer be operated in a manner to insure the safety and wellbeing of the citizens of the city.
(D) The Chief of Police or his or her designee shall issue a notice of suspension of the permit in writing and either hand deliver the notice to the permit holder or send the notice by certified mail to the permit holder at the address on the application. The suspension of the permit shall be effective immediately after personal service, or on the third day after the postmark of the certified mail receipt.
(E) The Chief of Police or his or her designee shall notify the City Council of the suspension at the next regular City Council meeting. Any party affected by the suspension of the permit may appeal the suspension to the City Council at the next regularly scheduled City Council meeting. Based upon the evidence presented by the Chief of Police and the permit holder, the City Council may either revoke the permit granted or restore the permit. The decision of the City Council shall be final.
(Ord. 2019-02, passed 2-11-2019)