4-10-12: VIOLATIONS AND PENALTIES; PENALTY ASSESSMENT:
   A.   Second Notice Of Violation: Offenders who continue to violate this chapter or continue to fail in achieving timely compliance as set forth in any previous notice of violation may be issued a second notice of violation, which shall be in the form of a citation or summons. Such summons shall be subject to a graduated fine schedule as set forth below.
   B.   Penalties: Any person who or entity that is issued a citation or summons shall be punished as follows:
      1.   A fine not exceeding one hundred dollars ($100.00) for a first offense.
      2.   A fine not exceeding two hundred dollars ($200.00) for a second offense.
      3.   A third violation shall constitute a misdemeanor and will require a mandatory appearance in municipal court. Punishment shall be in accordance with subsection 1-4-1B of this code.
   C.   Suspension Of Penalties: The penalties outlined above may be reduced or suspended upon the offender showing proof that he/she has purchased or installed a wildlifeproof refuse container or dumpster enclosure. (Ord. 409, Series of 2008)