§ 52.99 PENALTY.
   (A)   Each violation of this chapter shall constitute a separate civil offense and is punishable by assessment of a fine or penalty as set forth hereunder. Violations shall also constitute a misdemeanor in accordance with the general statutes of the state.
   (B)   Exceptions to the provisions of this chapter may be granted by a duly authorized representative of the town only in those instances wherein written documentation is submitted which clearly established:
      (1)   The merchant, business or commercial property owner has entered into a binding contract with a third-party hauler to collect and dispose of the recyclable, corrugated cardboard prior to the adoption of this chapter; or
      (2)   The collection and disposal of recyclable, corrugated cardboard in a manner other than that which has been stipulated by this chapter will contribute to the town’s recycling program meeting county and state mandated coals.
   (C)   It shall be the applicant’s responsibility to demonstrate to the town that approval of an exception is justified based up on satisfying either of divisions (B)(1) or (B)(2) above.
   (D)   For purposes of determining the amount of fine or penalty to assess for failure to comply with this chapter, each individual service day violation shall constitute a separate violation.
   (E)   Fines and penalties shall be as follows:
      (1)   Failure to lock or adequately secure dumpster or approved container:
         (a)   First offense: written warning;
         (b)   Second offense: $25;
         (c)   Third offense: $50; and
         (d)   Subsequent offenses: $100.
      (2)   Negligent or willful contamination of the town’s solid waste stream, either by disposal of recyclable, corrugated cardboard in solid waste containers or by disposal of not-recyclable non-cardboard materials in designated recyclable, corrugated cardboard dumpsters, containers or community collection sites:
         (a)   First offense: written warning;
         (b)   Second offense: $50;
         (c)   Third offense: $100; and
         (d)   Subsequent offenses: $200.
(Prior Code, § 93.99) (Ord. passed 9-10-1992; Ord. passed 4-8-1993)