§ 92.999 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   (1)   A person found to be in violation of §§ 92.001 to 92.005 will be subject to a $250 fine non-spendable. If a second notice is given and another 30 days have passed, the party involved may be fined $500. If this fine is not paid in 15 days, the citing officer will file such case with a county court or town court for trial. If found guilty, the $500 is a non-suspendable fine.
      (2)   The town reserves the right to enter onto the property and remove such violation if the home owner fails to comply with §§ 92.001 to 92.005 after being cited a second time. The home owner will be responsible for the cost of manpower at $50 an hour per person and the cost of the use of any equipment used to remove such violation at a cost of $250 per hour, per piece of equipment used. Any items or scrap sold will be put toward the cost of the manpower and equipment fees.
      (3)   Fines and fees not paid may result in the filing of a lien against the home.
      (4)   All fines will be placed in the General Fund LECE account.
   (C)   Each violation of §§ 92.041 to 92.043 shall be punishable by a fine of not less than $10 nor more than $100.
   (D)   Any person violating the provisions of §§ 92.055 to 92.061 shall be subject to a penalty of $25 payable to the Clerk-Treasurer, and any vehicle parked or left standing as an abandoned vehicle or parts in violation of §§ 92.055 to 92.061 shall be subject to being removed, towed, and stored at the owner’s expense. If said penalty has not been paid within 15 days after the date of removal of the vehicle, the penalty shall then be $50. If the penalty has not been paid within 30 days after the date of removal, the owner shall become subject to a penalty of $500.
   (E)   (1)   Any person violating the provisions of §§ 92.075 to 92.084 shall be subject to a penalty of not less than $250 for the first offense. If the penalty is not paid within 30 days of notice of penalty, the penalty shall increase to $500.
      (2)   Any person violating the provisions of §§ 92.075 to 92.084 a second time shall be subject to a penalty of not less than $500. If the penalty is not paid within 30 days of notice of such penalty, the penalty shall increase to $750.
   (F)   In addition to any charges imposed by the Fire Department to extinguish a leaf fire, any person burning leaves in violation of § 92.095 shall, upon conviction, be fined in a sum not to exceed $50.
   (G)   (1)   Any person found to be in violation of §§ 92.095 to 92.098 shall be punished by a fine of not less than $100 nor more than $500 plus costs for each separate violation.
      (2)   Any person found in violation of §§ 92.095 to 92.098 who rekindles a prohibited fire extinguished by the town shall be punished by a fine of not less than $500 plus costs for each such violation.
   (H)   (1)   Whoever violates any provision of this subchapter for which no specific penalty is otherwise provided, shall, upon citation thereof, pay a fine of not more than $250. Each day any violation shall continue shall constitute a separate offense.
      (2)   In all cases where the same offense may be made punishable, or may be created by different clauses or sections of the ordinances of the Town, the Town Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.
      (3)   Whoever violates any provisions of this subchapter shall be considered guilty of an infraction and upon conviction shall be punishable by a fine not less than $50.
      (4)   All fines delinquent in payment for 14 calendar days or longer from the date of the violation will be double the original fine.
      (5)   If the violator has received one or more citations for violations or written warnings from Town police officers of the existence of a violation of this subchapter, the Town Board of Town Marshal may issue notice of the violation and a penalty of up to $250 may be assessed. If the violation is not terminated within 24 hours of delivery of the notice and the fine paid within ten days, the Town Manager or Town Marshal may pursue civil proceedings, including injunctive relief to prevent further violations. In such event, the Town may collect all costs of such action, including attorney fees.
(Ord. 1983-2, passed 7-11-1983; Ord. 1995-14, passed 11-6-1995; Ord. 1997-10, passed 5-19-1997; Ord. 2004-4, passed 6-23-2004; Ord. 2006-4, passed 7-12-2006; Ord. 2012-5, passed 8-8-2012)