§ 1.24.030. Penalties

A municipal infraction is punishable by the following civil penalties:

(a) First Violation—A fine of at least fifty dollars but not to exceed five hundred dollars.

(b) Second Violation—A fine of at least one hundred dollars but not to exceed seven hundred fifty dollars.

(c) Third and Subsequent Violations—A fine of at least two hundred fifty dollars but not to exceed seven hundred fifty dollars.

(d) Each violation may also carry imprisonment not to exceed thirty days.

(e) A municipal infraction arising from noncompliance with a pretreatment standard or requirement referred to in 40 C.F.R. 403.8 by an industrial user—one thousand dollars.

However, an environmental violation shall not be subject to such penalty if all of the following conditions are satisfied:

(a) The violation results solely from conducting an initial startup, cleaning, repairing, performing scheduled maintenance, testing, or conducting a shutdown of either equipment causing the violation or equipment designed to reduce or eliminate the violation.

(b) The city is notified of the violation within twenty four hours from the time that the violation begins.

(c) The violation does not continue in existence for more than eight hours.

Multiple Violations. Each day that a violation occurs or is permitted to exist by the violator whether a misdemeanor or municipal infraction constitutes a separate offense.

Other Remedies. Seeking a civil penalty as authorized in this chapter does not preclude the city from seeking alternative relief from the court in the same action. Such alternative relief may include, but not limited to, an order for abatement or injunctive relief.

This chapter does not preclude a peace officer from issuing a criminal citation for a violation of this code or regulations if criminal penalties are also provided for the violation. Nor does it preclude or limit the authority of the city to enforce the provisions of this code by criminal sanctions or other lawful means.

(Ord. 1247 § 3, 2003).