§ 93.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   Any person violating any provision of § 93.01 shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined any sum not less than $1, nor more than $200. Each day of violation shall constitute a separate offense.

   (C)   (1)   An owner who violates any provision of §§ 93.15 through 93.18 shall be guilty of a misdemeanor and, upon the conviction of any violation, the owner shall be subject to a fine of not more than $500.

      (2)   Every day the violation exists is considered a separate offense.

   (D)   (1)   It shall be unlawful for any person to violate any provision of §§ 93.30 through 93.39. Any violation of any provision of §§ 93.30 through 93.39, after the ten-day notice, shall be punishable by a fine of not more than $2,000.

      (2)   In addition to the enforcement and penalty provisions of §§ 93.30 through 93.39, the city may, by appropriate action, seek injunctive relief and may petition a court of competent jurisdiction to enjoin or order the abatement of any violation of §§ 93.30 through 93.39.

      (3)   In addition to any other penalty provided by §§ 93.30 through 93.39, a violation of § 93.33 is punishable by suspension of any building permit issued by the city for development on the affected property for any period up until the time that full compliance with the provisions of this §§ 93.30 through 93.39 is achieved.

   (E)   In the event any owner shall refuse to remedy any of the conditions prohibited by § 93.50 after personal notice to do so, and the owner fails to appeal from the ruling of the public official, then, and in the event, the refusal to remedy the conditions shall constitute a misdemeanor and the owner upon conviction shall be fined by a fine not to exceed $200.

   (F)   A person commits an offense if the person:

      (1)   Knowingly provides false information on an application for a food manager certificate;

      (2)   Uses a food manager certificate that has not been issued to the person by the health authority;

      (3)   Knowingly provides false information on an application for a permit required by §§ 93.71 et seq.;

      (4)   Uses a permit that has not been issued to the person by the health authority;

      (5)   Performs an act prohibited by §§ 93.71 et seq. or fails to perform an act required by §§ 93.71 et seq.;

      (6)   Operates a booth for the sampling of food products at a farmers market without a valid permit or with a suspended permit; or

      (7)   Impedes the conduct of an inspection authorized to be conducted under §§ 93.70 through 93.80, or under Tex. Health and Safety Code § 431.042 (The Food, Drug and Cosmetic Act).

   (G)   Except as otherwise provided, proof of criminal negligence is required for conviction of an offense under §§ 93.70 et seq. Proof of a higher degree of culpability than criminal negligence constitutes proof of criminal negligence.

   (H)   An offense under division (F) is punishable by a fine of not more than $1,000. A person commits a separate offense each day that the person performs an act prohibited by or fails to perform an act required by division (F).

   (I)   The health authority may seek to enjoin violations of §§ 93.71 et seq.

(Ord. 76-8-10A, passed 8-10-1976; Ord. 780711C, passed 7-11-1978; Ord. 980915, passed 9-15-1998; Ord. 070731, passed 7-31-2007; Ord. 120918-D, passed 9-18-2012)