§ 13-63. Violations and penalties.

(a)

Any person who violates any provision of this article may be subject to a fine of no more than fifty dollars ($50.00) for the first offense and no more than two hundred fifty dollars ($250.00) for the second and subsequent offenses.

(b)

Any person who owns, manages, operates, or otherwise controls a public place or place of employment who fails to comply with the provisions of this article shall be guilty of a misdemeanor, punishable by:

(1)

A fine not exceeding one hundred dollars ($100.00) for a first violation.

(2)

A fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year.

(3)

A fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year.

(c)

The city council may suspend or revoke any business license or permit issued by the city for three (3) or more violations of section 13-61 of this article involving the licensed premises within a twelve (12) month period.

(d)

Violation of this article is hereby declared to be a public nuisance, which may be abated by the department of health, police department or the department of community planning and development by restraining order, preliminary and permanent injunction, or other means provided for by law, and the city may take action to recover the costs of the nuisance abatement.

(e)

Each day on which a violation of this article occurs shall be considered a separate and distinct violation.

(Ord. of 9-5-06, § 1; Ord. of 2-6-07, § 1)