Except as otherwise provided herein, any person violating any of the provisions of this chapter shall be guilty of a municipal civil infraction in accordance with §§ 36.01 et seq. Except at otherwise provided, the fine for violation of any provision of this chapter shall be $50 for the first offense; $100 for the second offense; and $250 for third and subsequent violations within a 12-month period. Each day in violation shall constitute a separate offense. Any person violating the provisions of this chapter licensing mobile food service providers, peddlers, or transient merchants shall be fined in accordance with the following:
(A) Mobile food service providers licensed under § 110.28 violating any provision of this chapter shall be fined 150% of the license fee as set from time to time by resolution of the City Commission for the first offense; 200% of the license fee as set from time to time by resolution of the City Commission for the second offense; and 250% of the license fee as set from time to time by resolution of the City Commission for third and subsequent violations within a 12-month period. Each day in violation shall constitute a separate offense.
(B) Peddlers licensed under § 110.27 violating any provision of this chapter shall be fined 150% of the license fee as set from time to time by resolution of the City Commission for the first offense; 200% of the license fee as set from time to time by resolution of the City Commission for the second offense; and 250% of the license fee as set from time to time by resolution of the City Commission for third and subsequent violations within a 12-month period. Each day in violation shall constitute a separate offense.
(C) Transient merchants licensed under § 110.27 violating any provision of this chapter shall be fined 150% of the license fee as set from time to time by resolution of the City Commission for the first offense; 200% of the license fee as set from time to time by resolution of the City Commission for the second offense; and 250% of the license fee as set from time to time by resolution of the City Commission for third and subsequent violations within a 12-month period. Each day in violation shall constitute a separate offense.
(D) Regardless of the penalty provided for in this section that applies to the other sections contained in this chapter, any person violating any of the provisions of § 110.29 shall be guilty of a misdemeanor punishable by a fine of not less than $100 nor more than $500 for a first offense, $500 for any subsequent offense, or by imprisonment in the county jail for not less than ten days nor more than 90 days, or both such fines and imprisonment. In addition to the penalties hereinabove provided in this division (D), any condition caused or permitted to exist in violation of the provisions of § 110.29 shall be deemed a new and separate offense for each day that such condition continues to exist.
(Ord. 768, passed 8-14-95; Am. Ord. 888, passed 2-24-03; Am. Ord. 982, passed 10-14-13; Am. Ord. 999, passed 7-13-15)
Cross-reference:
Municipal civil infractions, see Chapter 36