1122.10 PENALTY; VIOLATIONS DEEMED NUISANCES.
   Notwithstanding anything herein to the contrary, for any violation of this article, where there exists a State Code section which has the same elements as the City Code section for which a penalty is imposed, the penalty imposed by the City may be up to that penalty imposed by the State. (Ord. 310. Passed 7-16-07.)
   (a)   Any person violating any of the provisions of this article shall be punished in accordance with this section.
   (b)   Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such.
   (c)   The penalty for each violation of this article by any person may be by fine of up to one thousand dollars ($1,000), for a first offense. For a second or subsequent offense, such person shall be fined up to two thousand dollars ($2,000).
   (d)   As an additional remedy, the operation of maintenance of device, instrument, vehicle or machinery in violation of any provision of this article, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed, and is declared to be a public nuisance, and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
      (Passed 11-17-97; Ord. 390. Passed 7-15-13.)