HomeMy WebLinkAboutORDINANCE 1240-1987to)
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suggested by: AdminintraLlon
CITY OF KENAI
ORDINANCE NO. 1240-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
PROVIDING FOR UNIFORM PENALTIES THROUGHOUT THE KENAI MUNICIPAL
CODE AND AMENDING KMC SECTIONS 1.56.050, 1.85.050, 2.35.010,
3.05.060, 4.40.020, 5.05.040, 5.10.020, 5.15.060, 5.25.090,
5.30.230, 5.35.250, 6.05.270, 8.10.120, 9.10.110, 11.20.780,
12.15.100, 12.20.060, 12.25.090, 12.30.060, 13.05.010, 13.05.020,
13.40.080, 14.20.260, 14.25.090, 17.30.050, 17.30.060, 18.05.020,
18.05.110, 18.25.140, 18.35.030, 20.05.110 AND 21.05.050.
WHEREAS, the State of Alaska has raised its bail schedule for
violations, traffic infractions and misdemeanors; and,
WHEREAS, inflation has made penalties in the Kenai Municipal Code
inadequate and the present penalties are not an effective
deterrent; and,
WHEREAS, it is the desire of the Council to raise penalties; and,
WHEREAS, the voters of the City of Kenai approved an amendment to
Section 9-3 of the City Charter to allow for an increased
penalty.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that provisions for uniform penalties throughout
the Kenai Municipal Code be made by amending the following
sections of the Code described on Exhibit "A" attached hereto.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second
day of December, 1987.
t Whelan, City Clerk
(11/24/87)
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WILLIAMS, MAYOR
First Reading:
Second Reading:
Effective Date:
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November 18, 1987
December 2, 1987
January 2, 1988
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sogtion is
1.56.050 Penalty: In addition to any fine levied or other
penalty imposed pursuant to this ordinance or regulations imposed
thereunder, any person, firm, or corporation who shall violate
any provision of this chapter including any rules and regulations
as herein set forth, or fail to comply therewith upon conviction
thereof shall be punished by a fine (NOT ]EXCEEDING $1001 as
grgyidad ;qr violations in MC 13.05.010.
Section 2•
1.85.050 gefusal or Failure to Disclose: (a) If a
candidate fails or refuses to file the statement required by
1.85.010, his filing shall be refused or, if previously accepted,
shall be returned and his name shall be withheld or removed from
the filing records of candidates.
(b) A person failing or refusing to comply with the
requirements of this chapter shall forfeit his nomination and
shall noL ire seated or sworr. to the office for which he is a
candidate.
(c) A person who refuses or knowingly fails to make a
required disclosure of information as provided in this chapter or
who files a statement containing false or misleading information
knowing it to be false or misleading, shall be guilty of a
[MISDSMSANOR] violation and upon conviction is punishable by a
fine (OF NOT MORE THAN $300) as provided for violations in RISC
13.05010..
Section 3:
2.35.Ulu ken eicy: ;'.ux paLauu, fixru, or corporation who
commits a misdemeanor as defined by this chapter or who otherwise
violates any provision of this chapter, shall be guilty of a
misdemeanor, and upon conviction[, OR BY IMPRISONMENT FOR NOT
MORE THAN THIRTY (30) DAYS, OR BY BOTH SUCH FINS AND
IMPRISONMENT, AT THE DISCRETION OF THE MAGISTRATEI shall be
��nisnea ss provided fornisdemeanors,in RMC 13.05.010.
Section 4:
3.05.060 Penalties (a) (a) Except as this
section provides otherwise, a person who violates a provision of
this title, term, condition, or provision of a license issued
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hereunder, or a City regulation ysviaiilgato under this title
shall, upon conviction, be subject to a fine [OF NOT MORE THAN
$3001 as Rrovided for violations in RMC 13.05.Q10.
(b) In addition to, or as an alternative to the penalty
aforementioned, any person violating any provisions of this title
shall be subject to a civil penalty [OF NOT MORE THAN $3003 qs
provided in MC 13.05.010. Bach and every day that such
violation continues shall be deemed a separate and distinct
violation. In addition, a civil injunction or temporary
restraining order may be obtained in order to obtain immediate
compliance with the provisions of this chapter.
(c) The City shall seek an award of reasonable attorney's
fees and costs from the court in prosecuting such an action.
(d) Any animal adjudged a vicious animal by a court of
competent jurisdiction, may be destroyed by the City of Kenai
Animal Control Department upon order of such court or through the
consent of the animal's owner.
Section 5•
4.40.020 Penalty: Any person, firm, or corporation
violating any of the provisions of this chapter shall be guilty
of a [MISDEMEANOR] violation, and each such person shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the
provisions of this chapter is committed, continued, or permitted;
and upon conviction of any such violation, such person shall be
subject to punishment [BY A FINE OF NOT MORE THAN $1001 as
provided for violations in_._RMC 13.05.01_0.
Section 5_:
5.05.040 Penalty: Any person perpetrating a nuisance as
herein described and prohibited shall be guilty of a misdemeanor;
and upon conviction therefor, shall be punished [BY A FINE OF NOT
MOFF THAN $300 OR BY IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR
BOTH SUCH FINE AND IMPRISONMENT AT THE DISCRETION OF THE
MAGISTRATE] as_provided for mis4emeanors_in_KMC_.13.05.010.
Section 7_:
5.10.020 Penalty: Any person failing to comply with or
violating any provision of this chapter shall be guilty of a
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[MISDBMRANOR] violation; and upon conviction, shall be [FINED IN
AN AMOUNT NOT SXC$SDING $3001 �unAshed_-�rapided _for__ viol�4tioas.
in XMC 13.05.010. Every day upon which a violation shall
continue shall constitute a separate offense.
Section 9:
5.15.0W8 Penalty: Any person failing to comply with, or
violate any provision of this chapter shall be guilty of [AN
ORDINANCE INFRACTION,] a violation and upon conviction shall be
fined [IN AN AMOUNT NOT EXCEEDING $1001 as provided for
violations in RMC 13_05 .010. Every day upon which a violation
shall continue shall constitute a separate offense.
Section 9•
5.25.090 Penalty: (a) Any person who violates any
provision of this chapter or the terms, conditions, or
limitations of any license issued hereunder shall be subject to a
civil penalty [OF NOT LESS THAN $50 NOR MORE THAN $1,0001 as
provided for in XMC 13._05..010 for each offense, or injunctive
relief to restrain the person from continuing the violation or
threat or violation, or both the civil penalty or injunctive
relief. Upon application for injunctive relief and a finding
that a person is violating or threatening to violate any
provision of this chapter, the terms, conditions, or limitations
of any license issued hereunder the Superior Court shall grant
injunctive relief to restrain the violation.
(b) Each day of violation of any provision of Lhis chapter
or conditions or limitations of any license issued hereunder
shall constitute a separate offense.
Section 10•
5.30.230 Pa„aliy: (a) Any parson, firm, or corporation
violating any of the provisions of this chapter shall, upon
conviction thereof, be punisheJ [BY A FINE NOT TO EXCEED $300 OR
BY IMPRISONMENT IN JAIL FOR THIRTY (30) DAYS, OR BOTH] as
provided -for misdemeanors _in__RMC .13.05..010.
(b) This section may not be construed to authorize a person
to solicit for sales or sell services, goods, wares, or
merchandise in a residential area in violation of other
provisions of this Code.
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section 11•
5.35.250 Penalty: (a) It shall be unlawful and an offense
for any person to violate or neglect to comply with any provision
hereof irrespective of whether or not the verbiage of each
section hereof contains the specific language that such violation
or neglect is unlawful and is an offense. Any person who shall
violate any of the provisions of this ordinance, or any of the
provisions of a drilling and operating permit issued pursuant
hereto, or any condition of the bond filed by the permittee
pursuant to this ordinance, or who shall neglect to comply with
the terms hereof, shall on conviction thereof, be fined [IN ANY
SUN NOT LESS THAN $5.00 NOR MORE THAN $1001 as Drovided for
violations in RMC 13.05.010; and the violation of each separate
provision of this ordinance, and of said permit, and of said
bond, shall be considered a separate offense, and each day'v
violation of each separate provision thereof shall be considered
a separate offense. In addition to the foregoing penalties, it
is further provided that the City Council at any regular or
special session or meeting thereof, may, provided ten days notice
has Bova gjLvea to tuo yarmittea that revocation is to be
considered at such meeting, revoke or suspend any permit issued
under this ordinance and under which drilling or producing
operations are being conducted in the event the permittee thereof
has violated any provision of said permit, said bond, or this
ordinance. In the event the permit be revoked, the permittee may
make application to the City Council for a reissuance of such
permit, and the action of the City Council thereon shall be
final.
(b) In addition to, or as an alternative to the penalty
aforementioned, any person violating this title shall be subject
to a civil penalty [OF NOT MORE THAN $1001 in_vio
an-amount_as
provided by RMC 13.05.010. Each and every day the lation
continues shall be deemed a separate and distinct violation. In
addition a civil injunction or temporary restraining order may be
obtained in order to obtain immediate compliance with the
provisions of this title and the City may apply for its
reasonable court costs and attorney fees in bringing the civil
litigation.
Section. 12:
6.05.270 Offenses and Penalties: (a) It shall be unlawful
for any person, firm, or corporation to do any of the following
acts, and any person, firm, or corporation who does any of the
following acts shall be guilty of a misdemeanor:
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(1) Directly or indirectly uses or threatens to use
force, coercion, violence, restraint, inflicts, or threatens
to inflict damage, harm, or loss upon or against any person
to induce or compel the person to vote or refrain from
voting for any candidate in any election or for any election
proposition or question.
(2) Gives or promises to give, or offers any money or
valuable thing to any person, with the intent to induce him
to vote for or restrain him from voting for any candidate at
any election or any election proposition or question.
(3) Knowingly prints or circulates, or causes to be
written, printed, or circulated, any letter, circular, bill,
placard, poster, or other publication relating to any
election or to any candidate at any election or to any
election proposition or question without the same bearing on
its face the name and address of the author, printer, and
publisher thereof.
(4) Writes, prints, or circulates, or who shall cause
to be written, printed, or circulated, any letter, circular,
bill, placard, or poster, or who causes any paid
advertisement to be placed in a newspaper or any other
publication, or who pays or contributes to the payment for
any such advertisement, or who makes any radio broadcast,
wilfully knowing the letter, circular, bill, placard,
poster, publication, paid advertisement, or radio broadcast
to contain any false statement nuarge, or comment relating
to any candidate to any election or to any election
proposition or question.
(5) Has in his possession outside of the voting room
any official ballot, provided that this shall not apply to
election officials or other properly authorized persons
having such possession in line of duty.
(6) Makes or knowingly has in his possession any
counterfeit of an official ballot.
(7) Refuses to allow an employee reasonable time off
for the purpose of voting when the employee does not have a
reasonable amount of time to vote before or after work, or
who, after allowing the time off, deducts the time from the
compensation of the employee.
(8) Being an election official while the polls are
open, opens any ballot received from a voter at an election,
or marks a ballot by folding or otherwise so as to be able
to recognize it, or otherwise attempts to learn how any
toter marked his ballot, or allows the same to be done by
any other person.
(9) Writes, produces, or aRsists in writing or
producing any published letter, circular, poster, bill,
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publication, or placard, knowing that it contains any false
statement or false charge reflecting on the character,
morality, or integrity of any candidate at any election.
(10) votes or attempts to vote in the name of another
person or in any name other than his own.
(11) By force, threat, intimidation, or offer of
reward, induces or attempts to induce any election official
to fail in his duty.
(12) Wilfully changes or causes to be changed any
official election documents, including ballots, tallies, and
returns, or attempts to do the same.
(13) Wilfully delays or causes to be delayed the
election returns, or attempts to do so.
(la) Wilfully votes or attempts to vote more than once
at the same election.
(15) Signs any name other than his own to a petition
proposing an initiative, referendum, or recall, or knowingly
signs his name more than once for the same proposition or
Question at one election, or signs the petition knowing that
he is not a qualified voter.
(16) Having been contractci or employed by the City to
print or reproduce in any manner any official ballot,
wilfully appropriates to himself, or gives or delivers to,
or knowingly permits to be taken by anyone other than a
person authorized by the City Clerk, any official ballots,
or knowingly prints, reproduces, or causes to be printed or
reproduced any official ballots in any other form or with
any other content than that prescribed by the Charter,
ordinance, or as directed by the City Clerk.
(17) Wilfully makes a false affidavit or swears falsely
under any oath required in connection with any election or
registration for voting or falsely affirms in lieu of so
swearina.
(18) Wilfully fails to perform any election duty or
knowingly does any unauthorized act with the intent to
affect the election or its results.
(19) Wilfully permits, makes, or attempts to make any
false cQuat or report cf the election returns:
:20) Being an election official, wilfully conceals,
withholds, wrongfully changes, mutilates, or destroys the
election returns, or attempts to do so.
(b) any person, firm, or corporation who is guilty of a
misdemeanor as defined hereinabove shall be punished upon
conviction thereof [BY A FINE OF NOT MORE THAN $300 OR BY
IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR BY BOTH SUCH FINE AND
IMPRISONMENT IN THE DISCRETION OF THE MAGISTRATE] as Qrovided for
misdemeanors. -An ---WC 13.05_010.
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Section 13•
8.10.120 Penalties: (a) Any person, firm, or
corporation who shall violate any of the provisions of the Fire
Prevention Code hereby adopted or of this chapter, or fail to
comply therewith, or who shall violate or fail to comply with any
order made thereunder, or who shall build in violation of any
detailed statement of specifications or plans submitted and
approved thereunder, or any certifierte or permit issued
thereunder, and from which no appeal has been taken, or who shall
fail to comply with such an order as affirmed or modified by the
City Council or by a court of competent jurisdiction within the
time fixed therein shall severally for each and every such
violation and noncompliance respectively be guilty of a
[MISDEMBANOR] gioiation, punishable [BY A FINS OF NOT TO EXCEED
$1001 as provided for violations in XMC 13.05.010. The
imposition of one penalty for any violation shall not excuse the
violation or permit it to continue; and all such persons shall be
required to correct or remedy such violations or defects within a
reasonable time: and when not otherwise specified, each ten days
that prohibited conditions are maintained shall constitute a
separate offense.
(b) In addition to, or as an alternative to the criminal
penalty aforementioned, or the penalties and compliance
provisions of the Uniform Codes adopted by this chapter, any
person violating any provisions of this chapter, the uniform
codes that it adopts, or any written order of the Fire Chief or
his designee based on the above, to correct a fire hazard, shall
be subject to a civil penalty [OF NOT MORE THAN $1001 in_an
amount as provided by KMC 13.05.010. Each and every day that
such violation continues shall be deemed a separate and distinct
violation. In addition, a civil injunction or temporary
retraining order may by obtained in order to obtain immediate
compliance with the provisions of this chapter or the uniform
codes that it adopts in orZar to abate a fire hazard.
(c) The application of the above penalty shall not be held
to prevent the enforced removal of prohibited conditions.
Section _14:
9.10.110 Penalty: Any person, firm, or corporation who
shall create or maintain a nuisance as defined in this chapter,
or who shall violate any provision of this chapter, shall upon
conviction be punished [BY A FINE OF NOT MORE THAN $1001 as
pro_v_ided._for.-_violations.._ in AMC. -13._05.010.
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Section 15:
11.20.780 Penalties: (a) It is unlawful for any person to
violate any of the provisions of this chapter and upon conviction
thereof shall be fined [IN AN AMOUNT NOT EXCEEDING $1003 As
provided for vlolations in KMC 13.05.010. Each day such
violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
(b) In addition to or as an alternative to the above
penalty provision, the City may impose a civil penalty [NOT TO
EXCEED $1001 in an amount as provided by KMC 13,05.010 per day
for the violation of any provision of this chapter and seek
injunctive relief for any infraction thereof for which the
offending party will be charged for reasonable attorney's fees
and costs incurred by the City as awarded by the Court.
(c) Nothing in this section shall be deemed to restrict the
City's exercise of any of its rights pursuant to the lease
agreement including those enumerated in Section 220 and 240
hereof.
Section 16:
12.15.100 Penalty Violation: Any person who shall
violate any of the provisions of this chapter shall, on
conviction thereof, [BE FINED NOT MORE THAN $300 FOR EACH
OFFENSE, OR BE SENTENCED TO IMPRISONMENT IN THE MUNICIPAL JAIL
FOR NOT TO EXCEED THIRTY (30) DAYS, OR BOTH,] be punished as
provided for misdemeanors in KMC 13.05.010 and each day a
violation exists shall be considered a separate offense.
Section _17 :
12.20.060 Penalty: Any person, firm, or corporation who
shall create, maintain, aid, or abet in creating a public
nuisance as defined in this chepter, or who shall otherwise
violate any provision of this chapter by doing any act prohibited
or declared to be unlawful Lhem-aby, or declarGd to an offense ur
misdemeanor thereby, or who shall fail to do any act when such
provision declares such failure to be unlawful or to be an
offense or misdemeanor shall be guilty of a mia4emeanor; and upon
conviction thereof, shall be punished (BY A FINE NOT EXCEEDING
$300, OR BY IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR BY BOTH
SUCH FINE AND IMPRISONMENT AT THE DISCRETION OF THE MAGISTRATE]
as_Qroyided for misdemeanors in KMC 13.05.010.
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Section 18:
12.25.090 Penalty: A person who violates KMC 12.25.020 or
030 of this chapter, upon conviction, is punishable by a fine [OF
NOT L888 THAN $25 NOR MORE THAN $1001 Ss provided for violations
in KMC 13. 01,
Sections 19:
12.30.060 Penalties and Remedies: (a) in addition to any
other remedy or penalty provided by this chapter, or available at
law or in equity, a person who violates a provision of this
chapter shall be subject to a civil penalty [OF NOT MORE THAN
$1,000.001 in an amount as provided in KMC 13,05.010 for each
offense, or injunctive relief to restrain the person from
continuing the violation or threat of the violation, or both such
civil penalty and injunctive relief. Upon application by the
City for injunctive relief, and a finding that a person is
violating or threatening to violate a provision of this chapter,
the Superior court shall Grant injunctive relief to restrain the
violation.
(b) Each day during which a violation described in this
section occurs shall constitute a separate offense.
Section 20:
13.05.010 [PENJILTYI: en lties: (a) Any person, firm, or
corporation who shall violate any provision of [THIS TITLE] the
Kenai punicip Co$e by doing any act prohibited or declared to
be unlawful thereby or declared to be an offense, or who shall
fail to do any act required by such provision, or who shall fail
to do any act when such provision declares succh fei-lure to he
unlawful or to be an offense upon conviction of any provision of
[THIS TITLE] the_Renai Municipal Code- shall be punished [BY A
FINE NOT EXCEEDING $1001 as follows:_
1. I4inda,ncanors - up to a $500.00 fine and/or thirty (30)
days in ail.
a_. Attempt to Commit aMisdemeanor - Up to a $250.00 fine
and/or fifteen (15)_. days in jail.
3. Violations - Up to a 500_.00 fine.
4. Attempt to Commit a Violation - Up to a $250.00 fine.
fib) Civil �enal:ies. as_.�ravi3ed -for _is: _ the Kenai )tun c3!Ral
Code shall be.assessed in an amount not to exceed $1 000.00..
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Section 21:
13.05.020 Attempts [TO COMMIT A MISR—WAMORI:-44.Every
person who attempts to commit a misdemeanor, and in such attempt
does any act toward the commission of such misdemeanor, but fails
or is prevented or intercepted in the perpetration thereof, is
guilty of an attemnted misdemeanor and shall be punished in the
manner prescribed in KMC 13.05,010 for {THSI attempt:.d
misdameanors fITSELFI.
attemnted violations.
oecttou 22:
13.40. 080 Panalt : A :•io'-a*_{ on of any provision of this
chapter shall be punishable by a fine [OF NOT MORE THAN THREE
HUNDRED DOLLARS ($300.00)] as provided for violations in KMC
13.05.010.
section-!!:
14.20.260 Administration. Enforcement, and Penalties:
(a) The City Manager of the City of Kenai is hereby named
as the administrative official for the purpose of administering
and enforcing the provisions of this chapter.
(b) If the administrative official finds that any of the
provisions of this chapter are being violated, Iles shall notify in
writing the person responsible for such violations, indicating
the nature of the violation and ordering the action necessary to
correct it. He shall order discontinuance of illegal uses of
land, building, or structures; removal of illegal buildings, or
structures or of additions, alterations, or structural changes
thereto; discontinuance of any illegal work being done; or shall
take any other action authorized by this chapter to insure
compliance with or to prevent violations of its provisions.
(c) No permit for the erection, alteration, moving, or
repair of any building or other structure shall be issued until
an application has been made for a certificate of zoning
compliance, and the certificate has been issued by the
administrative official in conformity with the provisions of this
chapter. The administrative official shall maintain a record of
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all certificates of zoning compliance and copies shall be
furnished upon request to any person. Failure to obtain a
certificate of zoning compliance shall be a violation of this
chapter and shall be punishable as provided in this section. All
applications for certificates of zoning compliance shall be
accompanied by plans in duplicate, drawn to scale, showing the
actual dimensions and shape of the lot to be built upon; the
exact sizes and location, and dimensions of the proposed building
or alteration. The application shall include such other
information as lawfully may be required by the administrative
official, including existing or proposed buildings or
alterations, existing or proposed uaeg of the building and land;
the number of family housekeeping units, or rental units the
building is designed to accommodate; conditions existing on the
lot; and such other matters as may be necessary to determine
conformance with and provide for the enforcement of this chapter.
The administrative official shall render his decision within
thirty (30) days of the filing of the application for a
certificate of zoning compliance. However, this time limit may
be extended by common consent and agreement signed by both the
applicant and the administrative official. Oue copy of said
plans shall be returned to the applicant by the administrative
official, after he shall have either attached a certificate of
zoning compliance or marked the plans as disapproved and attested
to the same by his signature on such copy. The second copy of
the plans, similarly marked, shall be retained by the
administrative official.
(d) Complaints Regarding Violations. Any person may file a
complaint regarding an alleged violation thereto. All such
complaints shall be brought to the attention of the
administrative official who should record such complaint and
immediately investigate and report thereon to the Commission and
take any action required by this section.
(e) Penalties for Violations. For any and every violation
of the provisions of this chapter, the owner, agent, or
contractor of a building or premise where such violations have
been committed or shall exist, or any other person who maintains
any building or rr"miaws in whi.eh wny vinlatinn aviets, ahwll ho
subject to a civil penalty [OF NOT MORE THAN $1001 in an amount
as provided_in KMC_13.05.010. Each and every day that such
violation continues shall be deemed a separate and distinct
violation. All remedies provided for herein shall be cumulative
and not exclusive. The issuance or granting of a building permit
or approval of plans or specifications under the authority of the
building code without a certificate of zoning compliance shall
not be deemed or construed to be a permit for, or an approval of,
any violation of any of the provisions of this chapter or any
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amendment hereto. No permit presuming to give authority to
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violate or cancel any of the provisions
valid except insofar as the work or use
of this chapter shall be
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Section 24:
14.25.090 ?palties: Penalties for non-compliance with
this chapter shall be as set forth by KMC 114.20.1601 14,20.260.
Section 25:
17.30.050 Penalty -Fine I_Mposition: Any person, firm, or
corporation violating any provision of this chapter shall be
subject to a fine in an amount [NOT TO EXCEED $5001 as provided
for violations in KKC 13.05.010. Each discharge or dumping shall
constitute a separate violation.
Section 26:
17.30.060 Civil Penalty: (a) In addition to, or as an
alternative to the penalty aforementioned, any person violating
any provisions of this chapter shall be subject to a civil
penalty [OF NOT MORS THAN $1,0001 as provided in KMC 13.05.010.
Each and every day that such violation continues shall be deemed
a separate and distinct violation. In addition, a civil
injunction or temporary restraining order may be obtained in
order to obtain immediate compliance with the provisions of this
chapter.
(b) The City shall see'': an award of reasonable attorney's
fees and costs from the cc•�,rt in prosecuting such an action.
Section 27:
18.05.020 Penalty: Any owner or occupant who shall fail,
refuse, or neglect to trim trees and shrubbery, as provided in
the above section, after receiving at least five (5) day's notice
from the City Administrator to do so, shall be guilty of a
[MISDEMEANORI violation and -subject to_punishment as provided for
violations in KMC 13.05.010. Every day that said owner or
occupant shall fail, refuse, or neglect to trim said trees or
shrubbery after the expiration of such notice shall be a separate
offense.
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section 28:
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18.05.110 PeAalt9: Any person, firm, or corporation Who
shall violate any provision of this chapter by doing any act
prohibited or declared to be unlawful thereby, or declared to be
an offense or misdemeanor thereby, who shall fail to do any act
required by any such provision, or who shall fail to do any act
when such provision declares such failure to be unlawful or to be
an offense or misdemeanor shall be guilty of a misdemeanor; and
upon conviction thereof, shall be punished [BY A FINS NOT
EXCEEDING $300 OR BY IMPRISONMENT NOT EXCEEDING 30 DAYS, OR BY
BOTH SUCH FINE AND IMPRISONMENT AT THE DISCRETION OF THE
MAGISTRATE] as provided for misdemeanors in RMC 13.05.010. Each
day upon which any such violation continues shall constitute a
separate misdemeanor.
Section 29:
18.25.140 Penalty: In addition to the penalty of
revocation described above in XMC 18.20.070, any person or legal
entity who shall violate any provision of this chapter by 3oing
any act prohibited or declared to be unlawful thereby or who
shall fail to do any act when such provision declared such
failure to be unlawful, shall be guilty of a [MISDSMBANORI
violation; and upon conviction thereof, shall be punished by a
fine [NOT TO EXCEED $1001 as provided for violations in RMC.
13.05.010. Each day upon which any such violation continues
shall constitute a separate infraction. In addition to, or as an
alternative to the penalty aforementioned, any person or legal
entity violating any provision of this chapter, shall be subject
to a civil penalty [OF NOT MORE THAN $1001 as provided in HMC
13.05.010. Each and every day that such violation continues
shall be deemed a separate and distinct violation. In addition,
a civil injunction or temporary restraining order may be obtained
in order to obtain immediate compliance with the provisions of
this chapter.
Section 30:
18.35.030 Penalties: Any person or other entity who shalt
violate any provision of this chapter, by doing any act
prohibited or declared to be unlawful thereby or who shall fail
to do any act when such provision declared such failure to be
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unlawful shall be guilty of a [MISDEMEANOR] violation; and upon
conviction thereof, shall be punished [BY A FINS NOT EXCEEDING
$1001 as provided for violations in KMC 13.05.010. Each day upon
which any such violation continues shall constitute a separate
misdemeanor.
Section 31:
20.05.110 Penalty: Any person violating any provisions of
this chapter shall be guilty of a [MISDSMEANOR) violatian and
shall upon conviction thereof be punished [BY A FINE OF NOT MORE
THAN $300.001 as provided for violations in OW. 13.05.010.
Section 32:
21.05.050 Penalties: [SHALL BE PURSUANT TO KMC 18.25.0901
Violations of_this chapter shall be punished as provided for
violations- to JM4C 13.05.010.
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unlawful shall be guilty of a (MISDHMSANOR) iv olation; and upon
conviction thereof, shall be punished IBY A FINE NOT EXCEEDING
$1001 as pFqvided for violations in RUC 13,05.010. Each day upon
which any such violation continues shall constitute a separate
:misdemeanor.
Section 31:
20.05.110 Penalty: Any person violating any provisions of
this chapter shall be guilty of a (MISDENBAN OR] violation and
shall upon conviction thereof be punished IBY A FINE OF NOT MORS
THAN $300.001 as provided for violations in KKC 13.05.010.
Section la:
(SHALL BE PURSUANT TO RMC 18.25.0903