(a) Any Adult Entertainment Establishment that engages in repeated or continuing violations of these regulations shall constitute a public nuisance. For purposes of these regulations “repeated violations” shall mean three or more violations of any provision set out herein within a one (1) year period dating from the time of any violation, and a “continuing violation” shall mean a violation of any provision set out herein lasting for three or more consecutive days.
(b) A person who willfully falsifies any material fact on any application required by this chapter is guilty of a first degree misdemeanor.
(c) In addition to any penalties specifically stated herein, if any person knowingly fails or refuses to obey or comply with or violates any provisions of this chapter, such person shall be guilty of a misdemeanor of the first degree. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered a separate offense.
(d) Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.
(e) All remedies and penalties provided for in this section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.
(Ord. 1543-04. Passed 8-26-04.)