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§ 28.0805 Criminal Penalties.
   (a)   Any person convicted of an infraction for littering or illegal dumping in violation of this Chapter shall be punished by a fine of $100.00 upon a first conviction, a fine of $200.00 for a second conviction, and a fine of $500.00 upon a third or subsequent conviction.
   (b)   Any person convicted of a misdemeanor for littering or illegal dumping in violation of this Chapter shall be punished by a fine of up to $1,000.00 upon a first conviction, by a mandatory fine of not less than $250 and up to $1,500.00 for a second conviction, and by a mandatory fine of not less than $500 and up to $3,000.00 upon a third or subsequent conviction, or by imprisonment in the County jail for not more than six months and by a fine.
   (c)   Any person convicted of a misdemeanor for illegal dumping of commercial quantities of waste matter in relation to this Chapter shall be punished by a mandatory fine of not less than $500.00 and not to exceed $3,000.00 upon a first conviction, by a mandatory fine of not less than $500.00 and not to exceed $6,000.00 upon a second conviction, and a mandatory fine of not less than $500.00 and not to exceed $10,000.00 or imprisonment in the County jail for a period of not more than six months or by both fine and imprisonment upon a third or subsequent conviction.
   (d)   Each and every day that the litter or waste matter illegally dumped in violation of this Chapter remains in place and unabated (that is, not properly removed and the area properly cleaned up) is a separate and distinct violation of this Chapter.
   (e)   In addition to any fine imposed upon a conviction of an infraction or misdemeanor under this Chapter, the court shall require that the person convicted under this Chapter pay the reasonable cost of removing any litter or waste matter that the convicted person dumped, and/or caused to be dumped and/or maintained.
   (f)   The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of this Section pick up litter or waste matter at a time and place within the jurisdiction of the court for not less than eight hours.
(Ord. 4367, passed - -2019)