(A) Any owner, manager, operator, or other person in control of an establishment, facility, or outdoor area found to be in violation of this chapter shall, when found to be in violation, be fined as follows:
(1) The issuance of a verbal and written warning for the first violation;
(2) A fine of $200 for the second violation within the same calendar year;
(3) A fine of $400 for the third violation within the same calendar year;
(4) A fine of $800 for the fourth violation within the same calendar year; and
(5) A fine of $1,500 for each additional violation occurring thereafter within the same calendar year.
(B) Repeated violation of this chapter is declared to be public nuisance, which may be abated by the town seeking a restraining order, preliminary and permanent injunction, or other means provided for by law, and may bring action to recover the costs of the nuisance abatement. The town shall be entitled to recover its attorney fees and costs of enforcement proceedings and legal actions for any legal remedies utilized for enforcement hereof.
(C) The town is authorized to bring civil action against any alleged violator of this chapter for all unpaid fines, and any and all expenses incurred by the town to enforce the provisions of this chapter to seek compliance from the alleged violator. The town shall be entitled to recover its attorney fees and costs of enforcement proceedings and legal actions for any legal remedies utilized for enforcement hereof.
(D) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation. Each violation of this chapter shall constitute a separate offense.
(Ord. 303, passed 2-11-2020)