(A) 
Any person, firm, or corporation who violates any provision of §§ 53.001 or 53.104 shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $2,000.00. Each day of such violation shall constitute a separate offense. Such penalty shall be cumulative and not exclusive of any other rights or remedies the city may have.
(B) 
Any person who violates any of the provisions of §§ 53.015 through 53.026 is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not exceeding $2,000.00 for each offense. Each day of violation constitutes a separate offense. It shall be a valid affirmative defense to any prosecution hereunder if either of the following matters are shown to exist:
(1) 
That the facts constituting a violation are not known to the defendant and could not have been known by him by the exercise of reasonable diligence, or
(2) 
That despite good faith, reasonable and diligent effort on the part of the defendant to avoid and not commit or suffer the acts, conduct or conditions charged as constituting the violation, it was not reasonably possible for one in the defendant’s position to in any way avoid committing or suffering the violation, and such impossibility did not arise from any wrongful or negligent conduct or inaction on the defendant’s part. Provided further, that the mere inconvenience, effort or expense to defendant to avoid a violation will not constitute a defense.
(C) 
A person who continues prohibited discharges in violation of §§ 53.040 through 53.061 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500.00 for each act of violation and for each day of violation. In addition to proceeding under authority of this subsection (C), the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
(Ordinance 54-7-15-74, passed 7-15-74; Am. Ordinance 68-75-5-19, passed 5-19-75; Ordinance 113-2-1-21-80, passed 1-21-80; Ordinance 172-83-11-7, passed 11-7-83; Ordinance 206-85-7-30, passed 7-30-85; Ordinance 219-85-12-3, passed 12-3-85; Ordinance 260-87-08-11, passed 8-11-87; Ordinance 325-90-09-11, passed 9-11-90; Ordinance 772-05-01-25, passed 1-25-05)