[Ord. No. 873 §1, 12-18-2000]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following words or phrases shall have the
meaning set out herein:
A commercial establishment which has as a significant or
substantial portion of its stock-in-trade or derives a significant
or substantial portion of its revenues or devotes a significant or
substantial portion of its interior business or advertising, or maintains
a substantial section of it sales or display space for the sale or
rental, for any form of consideration of any one (1) or more of the
following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes, compact discs, slides, or
other visual representations which are characterized by their emphasis
upon the exhibition or display of "specified sexual activities" or
"specified anatomical areas";
Instruments, devices or paraphernalia which are designed for
use or marketed primarily for sexual stimulation.
Any live exhibition, performance, display or dance of any
type, including but not limited to talking, singing, reading, listening,
posing, serving food or beverages, soliciting for the sale of food,
beverages or entertainment, pantomiming, modeling, removal of clothing,
or any service offered for amusement on a premises where such exhibition,
performance, display or dance is intended to seek to arouse or excite
the sexual desires of the entertainer, other entertainers or patrons
or if the entertainment involves a person who is nude or in such attire,
costume or clothing as to expose to view any portion of human genitals,
pubic region, vulva, pubic hair, buttocks, female breast or breasts
below a point immediately above the top of the areola or nipple or
the human male genitals in a discernibly erect state, even if completely
and opaquely covered.
Any adult bookstore, adult novelty store or adult video store,
adult motion picture theater, adult theater, or any other premises
to which the public, patrons or members are invited or admitted and
wherein an entertainer provides adult entertainment to a member of
the public, a patron or member.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas."
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or semi-nude, or live performances which are characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities."
Any and all persons including managers, entertainers and
independent contractor who work in or at or render any services directly
related to the operation of an adult entertainment business.
Any person who provides adult entertainment within an adult
entertainment business as defined in this Section, whether or not
a fee is charged or accepted for entertainment.
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment business.
Any person operating, conducting or maintaining an adult
entertainment business.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, martial community, joint venture, governmental
entity or other entity or group of persons however organized.
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and automobiles whether moving or not.
Any person who serves food or drink at an adult entertainment
business.
Uncovered or exposed human genitals, pubic region or pubic hair,
or buttock; or female breast or breasts below a point immediately
above the top of the areola or nipple, or any combination of the foregoing;
or
Human male genitals in a discernible erect state, even if completely
and opaquely covered.
Sexual conduct, being actual or simulated, acts of human
masturbation; sexual intercourse; or physical contact, in an act of
apparent sexual stimulation or gratification, with a person's clothed
or unclothed genitals, pubic area, buttocks, or the breast of a female;
or any sadomasochistic abuse or acts including animals or any latent
objects in an act or apparent sexual stimulation or gratification.
Any dance performed by an erotic dancer in an erotic dance
establishment which emphasizes or seeks to arouse or excite a patrons
sexual desires.
[Ord. No. 873 §1, 12-18-2000]
A.
It
shall be unlawful for any person to operate or maintain an adult entertainment
business in the City unless the owner, operator or lessee thereof
has obtained an adult entertainment business license from the City,
or to operate such business after such license has been revoked or
suspended by the City.
B.
It
is unlawful for any entertainer, employee or manager to knowingly
perform any work, service or entertainment directly related to the
operation of an unlicensed adult entertainment business.
C.
It
shall be prima facia evidence that any adult entertainment business
that fails to have posted, in the manner required by this Section,
an adult entertainment business license, has not obtained such a license.
In addition, it shall be prima facia evidence that any entertainer,
employee or manager, who performs any service or entertainment in
an adult entertainment business in which an adult entertainment license
is not posted, in the manner required by this Section, had knowledge
that such business was not licensed.
[Ord. No. 873 §1, 12-18-2000]
It is unlawful for any person to work as an entertainer, server
or manager at an adult entertainment business without first obtaining
a license to do so from the City, or to work as an entertainer, server
or manager at an adult entertainment business after such person's
license to do so has been revoked or suspended.
[Ord. No. 873 §1, 12-18-2000]
A.
The
license year for all fees required under this Chapter shall be from
each July first (1st) through June thirtieth (30th). The application
for a license shall be accompanied by payment in full of the fee stated
in this Section by certified or cashier's check or money order; and
no application shall be considered complete until such fee is paid.
B.
All
licenses shall be issued for a specific location and shall be non-refundable
and non-transferable.
C.
The
classification of licenses and fees for each shall be as follows:
[Ord. No. 873 §1, 12-18-2000]
A.
Adult Entertainment Business License. All persons desiring
to secure a license to operate an adult entertainment business under
the provisions of this Chapter shall make a notarized application
with the City Clerk. All applications shall be submitted in the name
of the person proposing to conduct or operate the adult entertainment
business. All applications shall be submitted on a form supplied by
the City Clerk and shall require the following information:
1.
The name, residence address, home telephone number, occupation, date
and place of birth and social security number of the applicant.
2.
The name of the adult entertainment business, a description of the
adult entertainment to be performed on the licensed premises, and
the name of the owner of the premises where the adult entertainment
business will be located.
3.
The names, residence addresses, social security numbers and dates
of birth of all partners, if the applicant is a partnership; and if
the applicant is a corporation, they same information for all corporate
officers and directors and stockholders who own more than ten percent
(10%) or greater interest in the corporation, and all persons with
an ownership interest or who are actively engaged in management decision
of any other business entity.
4.
The addresses of the applicant, or of all partners, members, or of
all corporate officers and directors for the five (5) years immediately
prior to the date of application.
5.
A description of the adult entertainment or similar business history
of the applicant, or of all partners, or of all corporate officers
and directors; whether any such person or entity, in previously operating
in this or another City, County or State, has had a business license
revoked or suspended, the reason therefor, and the activity or occupation
subjected to such action, suspension or revocation;
6.
A statement of the business, occupation or employment of the applicant,
or of all partners, or of all corporate officers and directors for
the three (3) years immediately preceding the date of the application.
7.
A statement from the applicant, or from each partner, or from each
corporate officer and director, that each such person has not been
convicted of, released from confinement for conviction of, or diverted
from prosecution on:
a.
A felony criminal act within five (5) years immediately preceding
the application; or
b.
A misdemeanor criminal act within two (2) years immediately preceding
the application, where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code, or involved controlled substances or illegal drugs
or narcotics offenses as defined in the Missouri Controlled Substance
Act or other Statutes or ordinances.
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The statement shall also indicate that the applicant, each partner
or each corporate officer and director has not been convicted of a
municipal ordinance violation or diverted from prosecution on a municipal
ordinance violation within two (2) years immediately preceding the
application where such municipal ordinance violation involved sexual
offenses, indecent exposure, prostitution or sale of controlled substances
or illegal drugs or narcotics.
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8.
A full set of fingerprints and a photograph, to be taken by the Police
Department, of the applicant, or of all partners if the applicant
is a partnership, or of all corporate officers and directors if the
applicant is a corporation.
9.
If the applicant is a corporation, a current certificate of registration
issued by the Missouri Secretary of State.
10.
A statement signed under oath that the applicant has personal knowledge
of the information contained in the application and that the information
contained therein is true and correct and that the applicant has read
the provisions of this Chapter regulating adult entertainment businesses.
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Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
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B.
Adult Entertainment Manager, Server Or Entertainers License. All persons desiring to secure a license under the provisions of
this Chapter to be an adult entertainment manager, server or entertainer
shall make a notarized application with the City Clerk. All applicants
shall be submitted in the name of the person proposing to be an adult
entertainment manager, server or entertainer All applications will
be submitted on a form supplied by the City Clerk and shall require
the following information:
1.
The applicant's name, home address, home telephone number, date and
place of birth, social security number, and any stage names or nicknames
used in entertaining.
2.
The name and address of each adult entertainment business where the
applicant intends to work as a manager, server or entertainer, and
an "intent to hire" statement from an adult entertainment business
that is licensed, or that has applied for a license, under the provisions
of this Chapter, indicating the adult entertainment business intends
to hire the applicant to manage, serve or entertain on the premises.
3.
A statement from the applicant, that the applicant has not been convicted
of, released from confinement for conviction of, or diverted from
prosecution on:
a.
A felony criminal act within five (5) years immediately preceding
the application, or
b.
A misdemeanor criminal act within two (2) years immediately preceding
the application, where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code, or involved controlled substances or illegal drugs
or narcotics offenses as defined in the Missouri Controlled Substance
Act or other Statutes or ordinances.
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The statement shall also indicate that the applicant has not
been convicted of a municipal ordinance violation or diverted from
prosecution on a municipal ordinance violation, within two (2) years
immediately preceding the application where such municipal ordinance
violation involved sexual offenses, indecent exposure, prostitution
or sale of controlled substances or illegal drugs or narcotics.
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4.
A full set of fingerprints and a photograph, to be taken by the Police
Department, of the applicant.
5.
The applicant shall present to the City Clerk who shall copy documentation
that the applicant has attained the age of eighteen (18) years at
the time the application is submitted. Any of the following shall
be accepted as documentation of age:
a.
A motor vehicle operator's license issued by any State bearing this
applicant's photograph and date of birth;
b.
A State issued identification card bearing the applicant's photograph
and date of birth;
c.
An official and valid passport issued by the United States of America;
d.
An immigration card issued by the United States of America;
e.
Any other form of picture identification issued by a governmental
entity that is deemed reliable by the City Clerk; or
f.
Any other form of identification deemed reliable by the City Clerk.
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Failure to provide the information required by this Subsection
shall constitute an incomplete application and shall not be processed.
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C.
Application Processing.
1.
Upon receipt of a complete application for an adult entertainment
or an adult entertainment manager, server or entertainer license,
the City Clerk shall immediately transmit one (1) copy of the application
to the Chief of Police for investigation of the application. In addition,
the City Clerk shall transmit a copy of the application to the Code
Enforcement Officer. It shall be the duty of the Chief of Police or
his designee to investigate such application to determine whether
the information contained in the application is accurate and whether
the applicant is qualified to be issued the license applied for. The
Chief of Police shall report the results of the investigation to the
City Clerk not later than ten (10) working days from the date the
application is received by the City Clerk. It shall be the duty of
the Code Enforcement Officer to determine whether the structure where
the adult entertainment business will be conducted complies with the
requirements and meets the standards of the applicable health, zoning,
building code, fire and property maintenance ordinances of the City.
2.
The Building Inspector shall report the results of the investigation
to the City Clerk not later than ten (10) working days from the date
the application is received by the City Clerk. Upon receipt of the
reports from the Chief of Police and the Code Enforcement Officer,
the City Cleric shall schedule the application for the consideration
by the City Council at the earliest meeting consistent with the notification
requirements established by law, providing the licensed application
for an adult entertainment business and for an adult entertainment
business manager, server or entertainer license shall be approved
or disapproved within forty-five (45) days of the date of filing of
a completed application with the City Clerk's Office. The applicant
shall be notified in writing of the date when the City Council will
consider the application.
[Ord. No. 873 §1, 12-18-2000]
A.
If the application for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the City Council shall examine the application and after such examination, the City Council shall, if the applicant is qualified approve a license as provided for by law, provided a license shall not be approved to any person ineligible pursuant to Section 620.070.
B.
The
record of the City Council shall show the action taken on the application,
and if the license is granted, the City Council shall direct the City
Clerk to issue the proper license. The license shall state that it
is not transferable to other persons and the calendar year for which
it is issued. The license shall be kept posted in a conspicuous place
in the place of business that is licensed or where the licensee is
working.
C.
If
an application for a license is disapproved, the applicant shall be
immediately notified by registered or certified mail to the applicant's
last known address, and the notification shall state the basis for
such disapproval. Any applicant aggrieved by the disapproval of a
license application may seek judicial review in a manner provided
by law.
[Ord. No. 873 §1, 12-18-2000]
A.
No
person is eligible nor shall a license be issued to:
1.
An adult entertainment business applicant if one (1) or more of the
following conditions exist:
a.
The applicant failed to supply all of the information requested on
the application;
b.
The applicant gave materially false, fraudulent or untruthful information
on the application;
c.
The applicant's proposed business premises does not comply with or
meet the requirements of the applicable health, zoning, building code,
fire and property maintenance ordinances of the City, provided, that
upon a showing that the premises meets said requirements and that
the applicant is otherwise qualified, the application shall be eligible
for reconsideration by the City Council;
d.
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes or ordinance violations set forth in Section 620.050(A) during the time period set forth in said Section; or
e.
The applicant has had an adult entertainment license revoked or suspended
in this or any other City or jurisdiction during the past five (5)
years.
2.
An applicant for an adult entertainment manager, server or entertainer
if one (1) or more of the following conditions exist:
a.
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for any of the reasons stated in Subsection (1) above;
b.
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes or ordinance violations set forth in Section 620.050(B) during the time period set forth in said Section;
c.
The applicant failed to provide all of the information required on
the application;
d.
The applicant gave materially false, fraudulent or untruthful information
on the application.
e.
The applicant has had an adult entertainment manager, server or entertainer
license revoked or suspended in this or any other City during past
five (5) years.
[Ord. No. 873 §1, 12-18-2000]
A.
The
following standards of conduct shall be adhered to by all adult entertainment
business licensees, their employees and all adult entertainment business
managers, servers and entertainers and patrons of adult entertainment
businesses, while on or about the premises of the business:
1.
Interior restrictions.
a.
It shall be unlawful for any erotic dancer to dance at a distance
of less than ten (10) feet from any patron or to touch any patron
while dancing.
b.
It shall be unlawful for any erotic dancer to dance on a stage that
is not raised at least two (2) feet above the area on which the patron
or patrons sit or stand.
2.
Age restriction. Only persons eighteen (18) years
of age or older shall be permitted on the premises of any adult entertainment
business.
3.
Exterior observation. The premises of all adult
entertainment businesses will be so constructed as to include an anteroom,
foyer, partition or other physical barrier on all customer entrances,
that will insure observation of the interior of the premises and is
not observable from the exterior of the building. In addition, all
windows will be covered to prevent viewing of the interior of the
building from the outside and all doorways not constructed with an
anteroom or foyer will be covered so as to prevent observation of
the interior of the premises from the exterior of the building.
4.
Exterior display. No adult entertainment business
will be conducted in any manner that permits the observation of live
performers engaged in an erotic depiction or dance or any material
or persons depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas," as defined herein, from
any exterior source by display, decoration, sign, show window or other
opening. No sign or other exterior display shall be visible from any
property being used for the following purposes: residential, places
of worship, public and private schools, nursing homes, licensed day
care for children, public parks, the City's Recreation Center, the
City Library (present and future), and the primary highway entrances
into the City (Highway 84, Route U, and South Ward Avenue).
5.
Nudity prohibited, exceptions. No employee, server
or entertainer in an adult entertainment business shall appear nude,
unclothed, in less than opaque attire or in any fashion that exposes
to view any specified anatomical area.
6.
Certain acts prohibited.
a.
No employee, server or entertainer shall perform any specified sexual
activities as defined herein, wear or use any device or covering exposed
to view which simulates any specified anatomical area, use artificial
devices or inanimate objects, to perform or depict any of the specified
sexual activities as defined herein; or participate in any act of
prostitution.
b.
No employee, server, entertainer or patron of an adult entertainment
business shall knowingly touch, fondle or caress any specified anatomical
area of another person, or knowingly permit another person to touch,
fondle, or caress any specified anatomical area of such employee,
server, entertainer or patron, whether such specified anatomical areas
are clothed, unclothed, covered or exposed.
c.
No employee, server or entertainer of an adult entertainment business
shall be visible from the exterior of the adult entertainment business
while such person is unclothed or is such attire, costume or clothing
as to expose to view any specified anatomical area.
d.
No adult entertainer shall solicit, demand or receive any payment
or gratuity from any patron or customer for any act prohibited by
this Chapter and no adult entertainer shall receive any payment or
gratuity from any customer for any entertainment except as follows:
(1)
While such entertainer is on the stage or platform, a customer
or patron may place such payment or gratuity into a box affixed to
an object which is at least ten (10) feet from the stage; or
(2)
While such entertainer is not on the stage or platform and is
clothed so as to not expose to view any specified anatomical area,
a customer or patron may place such payment or gratuity into the entertainer's
hand.
e.
No owner, operator, manager or other person in charge of she premises
of an adult entertainment premises shall:
(1)
Knowingly permit alcoholic liquor or cereal malt beverages to
be brought upon or consumed on the premises;
(2)
Knowingly allow or permit the sale, distribution, delivery or
consumption of any controlled substance or illegal drug or narcotic
on the premises;
(3)
Knowingly allow or permit any person under the age of eighteen
(18) years of age to be in or upon the premises;
(4)
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises; or,
(5)
Knowingly allow or permit a violation of this Chapter or any
other City ordinance provision or State law.
f.
No person shall possess or consume alcoholic beverages on the premises
of an adult entertainment business.
7.
Signs required. All adult entertainment business
shall have conspicuously displayed in the common area at the principle
entrance to the premises a sign, on which uppercase letters shall
be at two (2) inches high and lowercase letters at least one (1) inch
high, which shall reads as follows:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF CARUTHERSVILLE
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ENTERTAINERS ARE
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Not permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle, caress or touch the breasts, pubic region,
buttocks or genitals of any employee, patron or other entertainer
or to permit any employee, patron, or other entertainer to fondle,
caress or touch the breasts, pubic region, buttocks or genitals of
said entertainer.
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Not permitted to be nude, unclothed, or in less than opaque
attire, costume or clothing so as to expose to view any position of
the breasts below the top of the areola, or any portion of the pubic
region, buttocks and or genitals, unless upon a stage at least two
(2) feet above the customer floor and a sufficient distance from the
customers to prevent the customers from touching the entertainers.
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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
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While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to an object at least 10 feet from
the stage, or
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While such entertainer is not on the stage, by either placing
such payment or gratuity into the entertainer's hand.
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CUSTOMERS ARE:
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Not permitted to be upon the stage at any time.
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Not permitted to touch, caress or fondle the breasts, pubic
region, buttocks or genitals of any employee, server or entertainer
or engage in solicitation for prostitution.
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Not permitted to possess or consume alcoholic beverages on the
premises
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8.
Lighting required. The premises of all adult entertainment
businesses shall be equipped with overhead lighting of sufficient
intensity to illuminate every place to which customers are permitted
access to an illumination of not less that one (1) foot candle as
measured at the floor level, and such illumination must be maintained
at all times that any customer or patron is present in or on the premises.
9.
Closed booth or room prohibited. The premises of
all adult entertainment businesses shall be physically arranged in
such manner that the entire interior portions of any booths, cubicles,
rooms or stalls is visible from a common area of the premises. Visibility
shall not be blocked or obscured by doors, curtains, drapes or any
other obstruction whatsoever.
10.
Ventilation and sanitation requirements. The premises
of all adult entertainment businesses shall be kept in a sanitary
condition. Separate dressing rooms and restrooms for men and women
shall at all times be maintained and kept in a sanitary condition.
11.
Hours of operation. No adult entertainment business
may be open or in use between the hours of 1:30 A.M. and 9:00 A.M.
on any day other than a Sunday when the business may not be open.
[Ord. No. 873 §1, 12-18-2000]
A.
Every
person, corporation, partnership or association licensed under this
Chapter as an adult entertainment business shall post such license
in a conspicuous place and manner on the adult entertainment facility
premises.
B.
Every
person holding an adult entertainment server, manager or entertainer
license shall post his or her license in his or her work area on the
adult entertainment facility premises so it shall be readily available
for inspection by City authorities responsible for enforcement of
this Chapter.
[Ord. No. 873 §1, 12-18-2000]
A.
An
adult entertainment manager shall be on duty at any adult entertainment
business at all times the premises is open for business. The name
of the manager on duty shall be prominently posted during business
hours.
B.
It
shall be the responsibility of the manager to verify that any person
who provides adult entertainment or works as a server within the premises
possesses a current and valid adult entertainer's license or an adult
entertainment servers license and that such licenses are prominently
posted.
[Ord. No. 873 §1, 12-18-2000]
All adult entertainment businesses shall permit representatives
of the Police Department or any other City Official acting in their
official capacity to inspect the premises as necessary to insure the
business is complying with all applicable regulations and laws.
[Ord. No. 873 §1, 12-18-2000]
A.
Whenever
the City Clerk has information that:
1.
The owner or operator of an adult entertainment business or a holder
of an adult entertainment manager, server or entertainer license has
violated, or knowingly allowed or permitted the violation of, any
of the provisions of this Chapter, or
2.
There have been recurrent violations of provisions of this Chapter
that have occurred under such circumstances that the owner or operator
of an adult entertainment business knew or should have known that
such violations were committed; or
3.
The adult entertainment business license or the adult entertainment
manager, server or entertainer license was obtained through false
statements in the application for such license, or renewal thereof,
or
4.
The adult entertainment business licensee or the adult entertainment
manager, server or entertainer licensee failed to make a complete
disclosure of all information in the application for such license,
or renewal thereof; or
5.
The owner or operator, or any partner, or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 620.050(A); or
6.
The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 620.050(B), then the City Clerk shall make this information known to the City Council, which shall upon five (5) days written notice to the person holding the license conduct a public hearing to determine whether the license should be suspended or revoked. The City Council may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the City Council may take any of the following actions:
a.
Suspend the license for up to ninety (90) days.
b.
Revoke the license for the remainder of the license year.
c.
Place the license holder on administrative probation for a period
of up to one (1) year, on the condition that no further violations
of the Chapter occur during the period of probation.
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If a violation does occur and after a hearing the violation
is determined to have actually occurred, license will be revoked for
the remainder of the license year.
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[Ord. No. 873 §1, 12-18-2000]
A.
A license
may be renewed by making application to the City Clerk on application
forms provided for that purpose. Licenses shall expire on June thirtieth
(30th) of each calendar year, and renewal applications for such licenses
shall be submitted between June fifteenth (15th) and June thirtieth
(30th).
B.
Upon
timely application and review as provided for a new license, a license
issued under the provisions of this Chapter shall be renewed by issuance
of a new license in the manner provided in this Chapter.
[Ord. No. 873 §1, 12-18-2000]
Following the entry of an order by the City Clerk, suspending
or revoking a license issued pursuant to this Chapter, or disapproving
the renewal application for a license, such licensee or applicant
may seek judicial review in a manner provided by law. The City Clerk
may stay enforcement of such order for a period of time not to exceed
thirty (30) days pending the filing and/or final disposition of proceedings
for judicial review.
[Ord. No. 873 §1, 12-18-2000]
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be punished
by a fine not exceeding five hundred dollars ($500.00), or be punished
by incarceration for a period not to exceed ninety (90) days, or by
both such fine and incarceration. Each day's violation of, or failure,
refusal or neglect to comply with any provision of this Chapter shall
constitute a separate and distinct offense.
[Ord. No. 873 §1, 12-18-2000]
Each Section and provision of this Chapter are hereby declared
to be independent divisions and subdivisions and, not withstanding
any other evidence of legislative intent, it is hereby declared to
be the controlling legislative intent that if any provisions of said
Chapter, or the application thereof to any person or circumstance
is held to be invalid, the remaining Sections or provisions and the
application of such Sections and provisions to any person or circumstances
other than those to which it is held invalid, shall not be affected
thereby, and it is hereby declared that such Sections and provisions
would have been passed independently of such Section or provision
so held to be invalid.
