§ 8-42. Penalties.

Any person who violates the provisions of this article shall receive the following punishment:

(1)

A person who is found to have violated this article for the first time shall be fined a minimum amount of two hundred fifty dollars ($250.00) up to a maximum amount of one thousand dollars ($1,000.00). Furthermore, a first time violator shall receive a minimum of eight (8) hours of community service up to a maximum of forty (40) hours of community service.

(2)

A person who is found to be in violation of this article more than once during a five-year period of time shall be fined a minimum of one thousand dollars ($1,000.00) up to a maximum amount of five thousand dollars ($5,000.00). Furthermore, a person found in violation of this article more than once during a five-year period of time shall receive a minimum of forty (40) hours of community service up to a maximum of two hundred (200) hours.

(3)

A person found to have violated this article for commercial purpose shall be fined ten (10) times the greater of the costs saved by the person or profit gained by the person. However, the minimum fine shall be ten thousand dollars ($10,000.00) regardless of the costs saved or profit made.

(4)

In determining the amount of the fine and community service, the court shall take into consideration, at a minimum, the amount of litter that has been dumped and any other littering or dumping violations the person has been convicted, plead guilty or no contest in the past, which shall not be limited to the most recent five (5) years.

(5)

Community service hours shall be served by picking litter within the city limits at locations determined by the city.

(6)

In addition to any fine and/or community service hours, the city shall be entitled to be reimbursed the cost incurred by the city in removing the litter and/or cleaning the area where the litter was located. This cost shall be added to the fine amount.

(Ord. No. 00-17, § 1, 12-12-00)