(A) In the event of a violation of this subchapter or any special use permit issued pursuant to this subchapter, the city may impose and collect, and the holder of the special use permit for wireless telecommunications facilities shall pay to the city, fines or penalties as set forth below.
(B) A violation of this subchapter is hereby declared to be an offense, punishable by a fine not exceeding $350 per day per occurrence, or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both, of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000, or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this section or of such ordinance or regulation shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
(C) Notwithstanding anything in this subchapter, the holder of the special use permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other penalties, to evade or avoid compliance with this subchapter or any section of this subchapter. An attempt to do so shall subject the holder of the special use permit to termination and revocation of the special use permit. The city may also seek injunctive relief to prevent the continued violation of this chapter, without limiting other remedies available to the city.
(Ord. 09-3306, passed 10-15-09)