(A) In addition to any other applicable penalties allowable under this chapter, any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500, or imprisoned in the county jail for a period not exceeding 30 days, or both fined and imprisoned. However, no penalty shall exceed the penalty provided by state law for similar offenses. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(B) If a person violates this chapter with the intent to intimidate or threaten an owner, resident, or invitee of such property because of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, gender identity, physical or mental disability, or national origin of any person and such litter or handbill contains a credible threat, the person shall be guilty of a separate misdemeanor offense and, upon conviction thereof, shall be fined in an amount not exceeding $500 or imprisonment for a period of not more than 30 days, or both. For the purposes of this section, CREDIBLE THREAT means a verbal or nonverbal threat that places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat.
('81 Code, § 94A.22) (Ord. passed 7-12-88; Am. Ord. 23016, passed 5-9-23; Am. Ord. 23039, passed 1-11-24)