[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:
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE
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:
1. 
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";
2. 
Instruments, devices or paraphernalia which are designed for use or marketed primarily for sexual stimulation.
ADULT ENTERTAINMENT
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.
ADULT ENTERTAINMENT BUSINESS
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.
ADULT MOTION PICTURE THEATER
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."
ADULT THEATER
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."
EMPLOYEE
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.
ENTERTAINER
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.
MANAGER
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.
OPERATOR
Any person operating, conducting or maintaining an adult entertainment business.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, martial community, joint venture, governmental entity or other entity or group of persons however organized.
PUBLIC PLACE
Any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles whether moving or not.
SERVER
Any person who serves food or drink at an adult entertainment business.
SPECIFIED ANATOMICAL AREAS
1. 
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
2. 
Human male genitals in a discernible erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
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.
EROTIC DANCE
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.
D. 
No alcoholic beverages license authorized by Chapter 600 of this Code shall be granted to any adult entertainment business.
[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:
1. 
Adult entertainment business license fee: $300.00 per year.
2. 
Adult entertainment manager's license fee: $50.00 per year.
3. 
Adult entertainment license fee: $50.00 per year.
4. 
Adult entertainment server's license fee: $50.00 per year.
[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.
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.
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.
Failure to provide the information and documentation required by this Subsection shall constitute an incomplete application which shall not be processed.
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.
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.
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.
Failure to provide the information required by this Subsection shall constitute an incomplete application and shall not be processed.
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:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF CARUTHERSVILLE
ENTERTAINERS ARE
*
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.
*
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.
*
Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:
-
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
-
While such entertainer is not on the stage, by either placing such payment or gratuity into the entertainer's hand.
CUSTOMERS ARE:
*
Not permitted to be upon the stage at any time.
*
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.
*
Not permitted to possess or consume alcoholic beverages on the premises
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.
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.
[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.
C. 
If the application for renewal of a license is not made during time provided in Subsection (A) of this Section, the expiration of such license shall not be affected, and a new application shall be required.
[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.