§ 12.10.060. Violation—Penalties.

A.

Fines.

1.

Any violation of a failure to obtain a permit as mandated by this Chapter is punishable by the following fines:

a.

$250.00 for the first violation.

b.

$500.00 for the second violation within one year of the first violation.

c.

$1,000.00 for the third and each additional violation thereafter within one year of the first violation.

2.

Upon a showing of proof of a valid permit issued by the city under this Chapter, the fines set forth in paragraph 1 of this subdivision shall be reduced to the fine amounts set forth in paragraph 3 of this subdivision.

3.

Any violation of this Chapter, with the exception of a violation of paragraph 1 of this subdivision, is punishable by the following fines:

a.

$100.00 for the first violation.

b.

$200.00 for the second violation within one year of the first violation.

c.

$500.00 for the third and each additional violation thereafter within one year of the first violation.

4.

The city may revoke or rescind any permit issued under this Chapter upon the fourth or any subsequent violation.

5.

Any violation of this Chapter 12.10 shall not be subject to the provisions of Title 1 Chapters 1.24, 1.25 or 1.26.

B.

Seizure.

1.

Because of the overwhelming need to immediately protect public safety during certain temporary special events, the carts, merchandise or any other instrumentality of the person violating Section 12.10.030 D.1 or D.2 of this Chapter may be immediately seized by the city.

2.

The carts, merchandise or any other instrumentality of the person violating any other provision of the municipal code, or any other state or federal law, may be seized by the city.

3.

The city shall store such property for a minimum of 30 days. If the property is not claimed within that time period, the city may dispose of the property.

4.

Any perishable items may be disposed of immediately by the city upon seizure.

5.

All merchandise will be returned, if properly claimed, except if the possession or sale of such merchandise is otherwise illegal, including, but not limited to, violation of copyright laws, trademark laws, illegal contraband or any other violation of local, state or federal law.

(Ord. No. 7334, § 6, 12-17-2018)