§ 93.999 PENALTY.

   (A)   Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.

   (B)   General public nuisances. Whoever causes, erects or continues a nuisance described in § 93.004, for the first offense, is guilty of a petty offense, unless stated otherwise, and shall be fined $100. A subsequent offense is guilty of a Class B misdemeanor. Every nuisance described in this subchapter, when a conviction for that nuisance is had, may, by order of the court before which the conviction is had, be abated by the Sheriff or other proper officer, at the expense of the defendant. It is not a defense to a proceeding under this section that the nuisance is erected or continued by virtue or permission of a law of this county or state. Each day upon which a violation exists shall be deemed a separate offense.

(1980 Code, § 93.007)

   (C)   Nuisance fires. Any person found to be in violation of any part of §§ 93.020 through 93.029 shall be fined $50 for the first offense, $150 for the second offense and $500 for the third and subsequent offenses, plus court costs.

(1980 Code, § 93.999)

   (D)   Alarm systems; §§ 93.040 through 93.049.

      (1)   Fire alarm systems. No owner of property protected by an alarm system shall permit, allow, or suffer the alarm system to communicate or transmit a false alarm. For the first two false alarms within a 44 12-month period, there shall be no fee; however, a warning in writing may be given. For the third false alarm within a 12-month period, the owner of the protected premises shall pay a fine of $25; for the fourth false alarm within a 12-month period, the owner of the protected premises shall pay a fine of $50; for each and every false alarm beyond four within a 12-month period, the owner of the protected premises shall pay a fine of $ 100. Each and every violation of this subchapter is a petty offense punishable by the fine structure set forth previously. Under the direct line alarm system, the Sheriff reserves the right under the agreement to disconnect the subscriber from the system in the event of continuous false alarms.

      (2)   Burglar alarm systems. No owner of property protected by a burglar alarm system shall permit, allow, or suffer the alarm system to communicate or transmit a false alarm. For the first two false alarms within a 12-month period, there shall be no fee; however, a warning in writing will be given. For the third false alarm within a 12-month period, the owner of the protected premises shall pay a fine of $25. For the forth false alarm within a 12-month period, the owner of the protected premises shall pay a fine of $50. For the (5) fifth false alarm within a 12-month period, the owner of the protected premises shall pay a fine of $75. For the sixth false alarm and every false alarm beyond six within a 12-month period, the owner of the protected premises shall pay a fine of $125. Each and every violation of this subchapter is a petty offense punishable by the fine structure set forth previously. Under the direct line alarm system, the Sheriff reserves the right under the lease agreement to disconnect the subscriber from the system in the event of continuous false alarms.

      (3)   Exceptions. The Sheriff or his or her designee shall be empowered to revise the complaint offense card and remove the false alarm report for reasonable cause. New and revamped alarm systems subject to prior notice from the alarm company shall be granted a 30-day grace period.

(1980 Code, § 93.044)

   (E)   Litter control. Persons who violate §§ 93.062 through 93.065 are subject to penalties set out in this section.

      (1)   Any person convicted of a violation of §§ 93.062 through 93.065 is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation committed after a second conviction is a Class 4 felony.

      (2)   In addition to any fine imposed under this section, the court may order that the person convicted of a violation remove and properly dispose of the litter, may employ special bailiffs to supervise the removal and disposal and may tax the costs of the supervision as costs against the person so convicted.

      (3)   The penalties prescribed in this section are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.

(1980 Code, § 93.060)

   (F)   Noise.

      (1)   A violation of § 93.082(A) is a petty offense for which the violator shall pay a fine of not less than $25 nor more than $100, and the court costs of prosecution.

   (C)   A violation of § 93.082(B) is a petty offense for which the violator shall pay a fine of not less than $100 nor more than $500, and the court costs of prosecution.

(1980 Code, § 93.999)

(Res. 86-51, passed 5-15-1986; Res. 99-210, passed 5-20-1999; Ord. 09-245, passed 8-20-2009; Ord. 11-287, passed 8-18-2011)