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(a) Any person who violates Section 812.207 (a), (b), (c), (g) or (i) shall be guilty of a misdemeanor, unless, in the discretion of the prosecutor, it is charged as an infraction. Any person who violates Section 812.207 (d), (e), (f), (h), (j), (k) or (l) shall be guilty of an infraction. A person convicted of a third or subsequent infraction within two years from the date of the first conviction shall be deemed guilty of a misdemeanor.
(b) Any person convicted of an infraction under this Chapter shall be punished by a fine not exceeding $100 for the first violation, $200 for the second violation within one year, and $500 for each subsequent violation within one year. Any person convicted of a misdemeanor under this Chapter shall be punished by imprisonment in the County jail for a term not exceeding six months, or by a fine not exceeding $1,000, or both.
(c) Each day or any portion of a day that any person violates or continues to violate any provision of this Chapter constitutes a separate offense and may be charged and punished separately without awaiting conviction on any prior offense. The penalties imposed by this section are in addition to penalties imposed under other provisions of this Code.
(d) Paying a fine or serving a jail sentence shall not relieve any person from the responsibility to correct any condition that violates any provision of this Chapter.
(e) All fines paid for conviction of a misdemeanor or an infraction shall be deposited into a fund for maintenance of trails.
(Added by Ord. No. 9702 (N.S.), effective 3-4-05)
(b) In determining the amount of the civil penalty to be imposed pursuant to this division, the superior court shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, the extent of any voluntary efforts to correct the violation, any history of prior violations, the degree of culpability, the violator’s ability to pay, and such other matters as justice may require.
(c) All civil penalties paid shall be deposited into a fund for trail maintenance.
(Added by Ord. No. 9702 (N.S.), effective 3-4-05)
In addition to other penalties and remedies permitted in this Chapter for a violation of Section 812.207(i), the following costs may be awarded without monetary limitations in any civil action:
(a) Costs to investigate, inspect, monitor, survey or litigate;
(b) Costs to remove any thing or obstacle from a trail or pathway; costs to correct the violation of Section 812.207(i); and costs to repair any damage to a trail or pathway; or
(c) Compensatory damages for losses to the County or any other plaintiff caused by the violation of Section 812.207(i).
(Added by Ord. No. 9702 (N.S.), effective 3-4-05)
The County Official may close any trail or pathway if the County Official determines that conditions exist that may present a hazard to those who may use the trail or pathway. The County Official may also close any trail or pathway if the County Official determines that use of the trail results in damage to the area along the trail.
In addition, the County Agricultural Commissioner (Commissioner) is authorized to determine that any trail or pathway should be closed for a limited time if the trail or pathway is on or adjacent to land in active agricultural production and the Commissioner determines that use of the trail or pathway could harm the agriculture or be harmful to those who may use the trail or pathway. If the Commissioner determines that a trail should be closed temporarily, the Commissioner shall notify the Director of Parks and Recreation of the trail segment that should be temporarily closed, the reason for the closure and the duration of the temporary closure. The Director of Parks and Recreation shall close the trail segment for the time specified by the Commissioner.
(Added by Ord. No. 9702 (N.S.), effective 3-4-05)