(a) Any person, corporation, or other entity that violates any prohibition of this chapter shall be guilty of a summary offense and upon conviction shall be sentenced to pay the maximum fine allowable under State law for that violation, and shall be imprisoned to the extent allowed by law. A separate offense shall arise for each day or portion thereof in which a violation occurs and for each section of this Ordinance found to be violated.
(b) Enforcement of this article may be initiated by the Yellow Springs Police Department, the Director of Public Safety, or other designee of Village Council.
(c) Yellow Springs may also enforce this chapter through an action in equity. In such an action, Yellow Springs shall be entitled to recover damages and all costs of litigation, including, without limitation, expert and attorney's fees.
(d) Any Village resident may pursue remedies at law or equity against any alleged violator of this chapter; however, nothing in this chapter shall be construed to give a resident or any other person the right to an action in law or equity (such a mandamus, or other similar action) against the Village.
(e) Any person who brings an action to secure or protect the rights of natural communities or ecosystems within Yellow Springs shall bring that action in the name of the natural community or ecosystem in a court of competent jurisdiction. Damages shall be measured by the cost of restoring the natural community or ecosystem to its pre-damaged state, and shall be paid to Yellow Springs or other applicable governmental entity, to be used exclusively for the full and complete restoration of the natural community or ecosystem.
(Ord. 2012-17. Passed 10-1-12.)