§ 122.99 PENALTY.
   Each violation of this Chapter is deemed a separate and distinct infraction of the Chapter. Each violation of this Chapter shall be punishable in a court of competent jurisdiction by a fine of no more than $500.00 plus the cost of replacement of the removed from the site, the costs associated with investigation and prosecution, and any equitable remedies deemed reasonable and proper by the court (cost of replacement in this context may be measured utilizing up to the removed ’s to determine its value or other such measures as deemed appropriate by the ). The removal, relocation, abuse or destruction, including , of each for which a is required in violation of this Chapter shall constitute a separate offense under this Chapter. Each to be protected may be the subject of individual enforcement. The of any property where a or have been cut down, destroyed, removed, relocated, destructively damaged or abused shall be held strictly liable for a violation of this Chapter unless it can be proven that the damage was caused by one of the following:
   122.99(A)   An act of God.
   122.99(B)   An act of war.
   122.99(C)    activities on the property pursuant to an approved .
   122.99(D)   Damage alleged by the to have been caused by vandals or trespassers and the of the property has filed a police report for the incident and had taken reasonable security measures to prevent unauthorized access to the property.
(Ord. 2010-19, passed 10-4-2010)