(A) The chief law enforcement officer will have the primary responsibility for the enforcement of this chapter and shall respond to citizen complaints promptly and address the nature of the disturbance and issue an appropriate warning or citation. Nothing in this chapter will prevent the chief law enforcement officer from obtaining voluntary compliance by way of warning, notice or education.
(B) A violation of this chapter will be punishable as follows:
(1) First offense will be punishable by a fine of not more than $500 or six months in the county jail or both;
(2) Second offense occurring within one year from the conviction of the first offense will be punishable by a minimum fine of not less than $100 or more than $500, a maximum of six months in the county jail or both;
(3) Third offense occurring within one year from the conviction of the first offense will be punishable by a minimum fine of not less than $200 but in no event more than $500, a maximum of six months in the county jail or both;
(4) Fourth or subsequent offense occurring within one year from the conviction of the first offense will be punishable by a minimum fine of not less than $350 but in no event more than $500, a maximum of six months in the county jail or both;
(5) An individual with offenses not occurring within one year of a prior offense, but with a history of prior offenses may be punished by a fine of not less than $100 or more than $500, and up to a maximum of six months in the county jail or both; and
(6) In the event the Court orders jail time under this chapter, the Court may consider the costs of incarceration and may impose those costs as a cost of prosecution and require they be paid by the offender.
(C) Each day a violation exists or continues constitutes a separate offense. The chief law enforcement officer may elect to warn initially and, if the violation persists, issue a citation for the initial event for which a warning was originally issued in addition to the subsequent, continuing violation. It is not a defense to the charge that a warning was issued first, and a warning may be used as evidence in any prosecution.
(D) Nothing in this chapter will be construed to prevent or interfere with an individual’s constitutional right to free speech. If a person’s exercise of a constitutional right to free speech would violate this chapter, that person must be ordered and given the opportunity to move, disperse, or otherwise remedy the violation prior to arrest or the issuance of a citation. (Ord. 368, passed 12-3-2018)