A.
The following chapters of the county code are adopted by reference in the same manner as if fully set forth in this Code:
1.
Chapter 1 of division 2 of title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding section 32.0119 (Animals Which Habitually Make Noise) and section 32.0120 (Penalties);
2.
Chapter 2 of division 2 of title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding section 32.0224 (Penalties);
3.
Chapter 3 of division 2 of title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding section 32.037 (Penalties);
4.
Chapter 12 of division 2 of title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding section 32.127 (Penalties).
It is the intent of the city council in adopting the foregoing county code provisions that the same shall be enforced within the corporate limits of the city to the same extent and with the same authority as would otherwise be applicable to the unincorporated areas of the county. |
A certified copy of each of the foregoing provisions of the county code is on file in the office of the city clerk. |
B.
Penalties.
1.
Any person, firm, partnership, corporation or other entity violating any provision of chapter 1 of division 2 of title 3 of the county code shall be guilty of an infraction or misdemeanor as hereinafter specified. Each day or portion thereof that such violation is in existence shall be a new and separate offense. Any violator so convicted shall be:
a.
Guilty of an infraction and punished by a fine not exceeding $100.00 and not less than $50.00 for a first offense;
b.
Guilty of an infraction and punished by a fine not exceeding $200.00 and not less than $100.00 for a second offense;
c.
Guilty of a misdemeanor for the third and any additional offense, and shall be punishable by fines not exceeding $1,000.00 or six months in jail, or both;
d.
Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor.
Payment of any fine or service of a jail sentence shall not relieve any violator from the responsibility of correcting the condition resulting from the violation. In addition to the foregoing penalties, the court may order that the guilty party reimburse the city and/or county for all of its costs of investigating, analyzing, inspecting, abating and prosecuting the enforcement action against the guilty party. The court shall fix the amount of any such reimbursement upon submission of proof of such costs by the city and/or county. The owner, manager, and operator of every activity or facility subject to this chapter shall be responsible for any violation of this chapter by an employee thereof. |
2.
Any person, firm, partnership or corporation or other entity violating any of the provisions of chapter 2 of division 2 of title 3 of the county code shall be guilty of an infraction and upon being found guilty thereof shall be punished as set forth in section 1.12.030, pertaining to the penalty for infractions.
(Code 1980, § 6.02.010; Ord. No. 750, § 3, 2005; Ord. No. 760, § 3, 2006; Ord. No. 782, § 1, 2007)