(a) Unless otherwise provided, any person, firm, partnership, corporation or other entity violating any provision of Chapters 4, 5, 6 or 7 of Division 3 of Title 2 of the Code shall be guilty of an infraction or misdemeanor as hereinafter specified. Each day or portion thereof that such violation is in existence shall be a new and separate offense.
(b) Any person so convicted shall be:
(1) Guilty of an infraction offense and punished by a fine not exceeding $100.00 and not less than $50.00 for a first offense;
(2) Guilty of an infraction offense and punished by a fine not exceeding $200.00 and not less than $100.00 for a second offense;
(3) Guilty of a misdemeanor and punished by a fine not exceeding $1,000.00 and not less than $500.00 or six months in jail, or both, for a third or additional offense;
(4) Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor and the offender shall be punished pursuant to Subdivision (3) above.
(c) Payment of any fine or service of a jail sentence herein provided shall not relieve a person, firm, partnership, corporation, or other entity from the responsibility of correcting the condition resulting from the violation.
(d) In addition to the above penalties, the court may order that the guilty party reimburse the Department for all of its costs of investigating, analyzing, inspecting, abating and prosecuting the enforcement action against the guilty party. The court shall fix the amount of any such reimbursement upon submission of proof of such costs by the Department.
(e) The owner, manager, and operator of every activity or facility subject to Chapters 4, 5, 6 or 7 of Division 3 of Title 2 of the Code shall be responsible for any violation of the provisions of these Chapters by an employee.
(Ord. 3846, passed - -2002)