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(A) Section 130.01.
(1) A person who violates a provision of § 130.01 is guilty of a separate offense of each day or part of a day during which the violations committed, continued, or permitted. Each offense upon conviction is punishable by a fine not to exceed $500.
(2) When required by Tex. Family Code, § 51.08, as amended, the Municipal Court shall waive original jurisdiction over anyone who violates § 130.01(B)(1) and shall refer the minor to Juvenile Court.
(B) Section 130.02. Any person, firm, or corporation violating any of the provisions of § 130.02 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500. To the extent that any conduct in violation of § 130.02 also constitutes a violation of state law, then the conduct shall be punishable under the applicable law.
(D) Section 130.04.
(1) Violation. Violation of this section shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than $100 nor more than $2,000. However, any conduct proscribed hereunder which also constitutes an offense under state law shall not be prosecuted under this section, but shall be prosecuted pursuant to and punishable as provided by the applicable state law. An offense under this section is not a lesser included offense under Tex. Health and Safety Code, Ch. 481, 483, and 485.
(2) Declaration of public health threat. In setting the amount of the penalty for violation of this section, the City Council affirmatively finds that this section governs conduct involving trafficking in illegal and dangerous chemical substances that poses a serious threat to the public health, and that it is therefore appropriate to proscribe a maximum fine of $2,000 for a violation of this section pursuant to the authority granted by Tex. Loc. Gov't Code, § 54.001.
(Ord. 94-816-B, passed 2-18-1994; Ord. 02-1015B, passed 10-15-2002; Ord. 05-0621, passed 6-21-2005; Ord. 09-0915, passed 9-15-2009; Ord. 14-0617A, passed 6-17-2014)