(a) Unless otherwise provided, any person violating any provision of this Chapter shall be guilty of an infraction or misdemeanor as hereinafter specified.
(b) Each day or portion thereof such violation is in existence shall be a new and separate offense.
(c) Any person so convicted shall be:
(1) Guilty of an infraction and punished by a fine not exceeding $100.00 for a first offense;
(2) Guilty of a misdemeanor for the second and any additional offenses and punished by a fine not exceeding $1,000.00 or six months in jail, or both.
(d) Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.
(e) 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.
(f) In addition to all other remedies provided by this Chapter or state law, in the event of continuing violation of the provisions of this Chapter, the Agricultural Commissioner may seek injunctive relief to restrain further violation.
(g) In lieu of criminal prosecution, the Agricultural Commissioner may impose a civil penalty pursuant to the provisions of California Food and Agricultural Code § 12999.5 and California Code of Regulations § 6130.
(Ord. 4079, passed - -2009)