A violation of the provisions of this chapter shall be considered an infraction except in those circumstances where this chapter specifically designates a violation to be a misdemeanor.
A. An initial violation of this chapter constituting an infraction shall be punishable by a fixed and set fine of seventy five dollars ($75.00) when the violator has not previously been convicted of a violation of this chapter.
B. A second or subsequent violation of this chapter constituting an infraction shall be punishable by a fixed and set fine of one hundred dollars ($100.00) when the violator has been previously convicted of an infraction violation of this chapter.
C. Any person, firm, or corporation who fails to comply with, or violates any of the provisions of this chapter and upon conviction of an infraction two (2) times within the previous twenty four (24) months, each subsequent violation or failure to comply thereafter will be charged with a misdemeanor violation, and upon conviction thereof shall be subject to a fine of up to one thousand dollars ($1,000.00), and imprisonment in the County Jail for a period of not more than six (6) months, or both. In addition to the criminal penalties for violation of this chapter, civil damages in the amount of three (3) times the actual damage, may be imposed upon any person, firm or corporation who dumps or discards solid waste at any location that violates the provision of this chapter.
D. Each day on which a violation occurs may constitute a separate offense.
E. The fine amounts set forth above for infraction or misdemeanor offenses shall be separate and apart from any court costs assessed pursuant to Idaho Code section 31-3201A or any other provision of law. (Ord. 2018-01, 1-8-2018)