The City and County shall impose penalties for failure to obtain a registration certificate or failure to have a valid current registration certificate as follows:
(a) Unless otherwise provided, any person violating any provision of this Chapter 115 shall be guilty of an infraction or misdemeanor as hereinafter specified.
(b) Any person so convicted shall be:
(1) Guilty of an infraction offense and punished by a fine not exceeding $100 and not less than $50 for a first violation of ththis1
Chapter 115;
(2.)1
Guilty of an infraction offense and punished by a fine not exceeding $200 and not less than $100 for a second violation of the same provision of ththis1
Chapter 115 within a 12-month period;
(3) Guilty of a misdemeanor for the third and any additional violation of the same provision of ththis1
Chapter 115 within a 12-month period and punished by a fine not exceeding $1,000 and not less than $500 or six months in jail, or both.
(c) Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor.
(d) Payment of any fine or service of a jail sentence shall not relieve a person from the responsibility of correcting the condition resulting from the violation.
(e) In addition to the above penalties, the court may order that the guilty party reimburse the City and County for all its costs of investigating, analyzing, and prosecuting the enforcement action against the guilty party. The court shall fix the amount of such reimbursement upon submission of proof of such costs by the City and County.
(f) In addition to all other remedies provided by this Chapter 115 or state law, in the event of continuing violation of the provisions of this Chapter 115, the Division of Weights and Measures may seek injunctive relief to restrain further violation.
(Added as Sec. 115.8 by Ord. 195-10, File No. 100725, App. 7/29/2010; redesignated and amended by Ord. 170-21, File No. 210938, App. 10/15/2021, Eff. 11/15/2021, Retro. 11/1/2021)
CODIFICATION NOTE
1. So in Ord. 170-21.