Sec. 7-33. Violations and penalties.

The penalty for a violation of this article shall be as follows:

   (1)   The penalties under this section are cumulative and the enforcing officer may proceed under one (1) or more such penalty.

   (2)   Any peddler or an employee of a peddler who commits, causes, permits, facilitates, or aids or abets any violation of, or who fails to perform any act or duty required by, this Article is responsible for a civil infraction and is subject to a civil sanction of not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00).

   (3)   Any peddler or an employee of a peddler who commits, causes, permits, facilitates, or aids or abets any violation of, or who fails to perform any act or duty required by, this article is guilty of a class one misdemeanor.

   (4)   Each day any violation of any provision of this article or the failure to perform any act or duty required by this article exists shall constitute a separate violation or offense.

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)

Sec. 7-34. Enforcement authority.

Any law enforcement officer or any other employee of the city with the authority to issue civil infraction citations may enforce the provisions of this article. This section is not intended to create or expand the authority of any department to perform acts that are otherwise prohibited by law.

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)

Sec. 7-35. Jurisdiction of court.

   (a)   Jurisdiction of all proceedings to enforce the provisions of this chapter shall be in the city court of the city.

   (b)   Civil infraction proceedings to enforce this chapter may be adjudicated by a magistrate or a special limited magistrate.

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)

Sec. 7-36. Commencement of civil infraction proceedings.

Any civil infraction proceedings to enforce the provisions of this chapter shall be commenced and summons shall be issued in accordance with the procedures set forth in Arizona Revised Statutes, city ordinance, or as provided in the Local Rules of Practice and Procedure- City Court-City of Tucson. If the city is unable to personally serve the complaint, the complaint may be served in the same manner prescribed for alternative methods of service by the Arizona Rules of Civil Procedure or by certified or registered mail, return receipt requested.

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)

Sec. 7-37. Appeal of court decision.

Any party may appeal the judgment of city court to the superior court. Appeals from civil infraction proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure-Civil. Appeals from criminal proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure-Criminal.

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)

Secs. 7-38--7-61. Reserved.

ARTICLE III. FORTUNETELLERS*

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*   Cross References: License fee for fortunetellers, § 19-28(68).

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