[Amended 6-7-2011 by Ord. No. 2011-2050; 2-15-2022 by Ord. No. 2022-2500]
A. Permit required. No person shall open or tear any part of any street,
alley, sidewalk, parkway or other public place in the City for any
purpose without first obtaining a permit from the Director of Public
Works or his or her authorized representative.
B. Insurance required.
(1) A permit shall be issued only upon the condition that the applicant
submit evidence to the Director of Public Works that the applicant
is covered by public liability insurance by the following amounts
and that such insurance protects the City from all claims.
A.
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General/commercial liability (Must have general/commercial)
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$1,000,000 per each occurrence for bodily injury, personal injury,
and property damage $2,000,000 per general aggregate,
City shall be named as an additional insured on a primary, noncontributory
basis
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B.
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Automobile liability (Must have auto liability)
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$1,000,000 combined single limit
City shall be named as an additional insured on a primary, noncontributory
basis
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C.
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Contractor's pollution liability (if applicable)
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$1,000,000 per occurrence
$2,000,000 aggregate
City shall be named as an additional insured on a primary, noncontributory
basis
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D.
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Umbrella or excess liability coverage for general/commercial,
automobile liability, and contractor's pollution liability
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$2,000,000 per occurrence for bodily injury, personal injury,
and property
$2,000,000 minimum aggregate per person, per aggregate
City shall be named as an additional insured on a primary, noncontributory
basis
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D.
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Worker's compensation and employers' liability (Must have workers
compensation)
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Statutory
Contractor will provide a waiver of subrogation and/or any rights
of recovery allowed under any workers' compensation law.
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*
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Coverages may be adjusted dependent upon the specifics of the
street opening and risk/exposure to the City.
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Upon the execution of said permit, the contractor shall supply
the City with a suitable statement certifying said protection and
defining the terms of the policy issued, which shall specify that
such protection shall not be cancelled without 30 calendar days' prior
notice to the City, and naming the City as an additional insured as
required above.
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(a)
To the fullest extent permitted by law, the contractor shall
indemnify and hold harmless the City, the City's officers, directors,
partners, and employees from and against costs, losses, and damages,
including but not limited to reasonable fees and charges of engineers,
architects, attorneys, and other professionals, and reasonable court
or arbitration or other dispute resolution costs, caused by the negligent
acts or omissions of the contractor or contractor's officers, directors,
partners, employees, and consultants in the performance of the contractor's
services.
(b)
Nothing contained within this section is intended to be a waiver
or estoppel of the contracting municipality or its insurer to rely
upon the limitations, defenses, and immunities contained within Wisconsin
law, including those contained within §§ 893.80, 895.52,
and 345.05, Wis. Stats. To the extent that indemnification is available
and enforceable, the municipality or its insurer shall not be liable
in indemnity or contribution for an amount greater than the limits
of liability for municipal claims established by Wisconsin law.
(2) The evidence of insurance shall also provide that the City be notified
at least 10 days prior to cancellation or expiration of the insurance.
C. Information to accompany application. The applicant for a permit
shall submit to the Director of Public Works, at the time the permit
is applied for, sufficient information relating to the work to be
done. The Director of Public Works shall determine if sufficient information
is submitted, but in no case shall it be less than the following:
(1) The applicant shall state the nature and location of the work, the
reason for the work and the proposed method of doing the work.
(2) The proposed utility plan shall show the area(s) and type(s) of erosion
control that may be necessary to control disturbed soil. Work site
restoration shall show location and material to be used.
D. Permit fee. The permit fees are given in the schedule in Subsection
D(1),
(2), and
(3). Upon written notice to the permit applicant, if restoration work is not completed or not deemed to be of acceptable quality by the Director of Public Works or his representative, the applicant will be given 20 days to correct all deficiencies. The City may then complete work or hire a contractor to correct the deficiencies and bill the applicant for work performed. The City and its contractors shall not pay permit right-of-way permit fees for work due to general government functions.
[Amended 2-21-2024 by Ord. No. 2024-2590]
(1) Nonrefundable permit fees shall be collected to reimburse the City
for costs associated to manage the permit activities and for infrastructure
that the City will need to replace.
(b)
First foot to 200 feet in length: $100.
(c)
Additional $0.10 per foot for installed utility lengths exceeding
200 feet. Calculation of installed utility length will be made based
on the number of lineal feet of utility main installed or repaired.
(d)
Each tree in the right-of-way to be replaced: $400.
(e)
Other public infrastructure (e.g., lights, signs, culverts,
etc.) that will need to be replaced by City: at cost of labor/materials
plus 5%.
(2) Refundable permit fees shall be collected as a surety to encourage
the permittee to restore the right-of-way in as-good or better condition.
(a)
10% of estimated project cost, but no less than $1,000.
(b)
Refundable permit fee shall be waived for City of Franklin,
and Franklin Utilities, or contract provider thereof, projects.
(c)
Refundable fee less than $10,000 shall be a cash or check deposit
with the City of Franklin.
(d)
Refundable fee equal to or in excess of $10,000 may be a cash
or check deposit with the City of Franklin or it may be a financial
surety in the form of a performance bond or irrevocable letter of
credit.
(e)
If the permittee does not restore the right-of-way in as-good
or better condition, the City shall notify the permittee in writing
of the deficiencies. Such notice shall be issued within one year after
the permittee notifies the City that work is complete. The permittee
shall have the ability to remedy the deficiencies within 30 days.
If suitable remedies are not completed, the City may self-perform
repairs or hire others to make repairs from the collected fees or
surety for time and materials plus 10%.
(f)
If work is not complete when the permittee notifies the City
that work is complete, the City may charge time and materials for
efforts to reinspect work additional time(s).
(g)
Refundable fees will be returned/released as soon as Director
of Public Works deems appropriate, but not to exceed one year after
the permittee notifies the City that work is complete.
(h)
The City will not charge fees nor pay interest for holding deposits
related to permit fees. In lieu of placing the required deposits related
to permit fees with the City, the permittee may establish a third-party
escrow at a financial institution. If the deposit is placed in an
escrow account, in lieu depositing the funds with the City, the City
needs to be a party to the agreement in that the City would be the
only entity authorized to determine release of the escrow funds. All
fees associated with a third-party escrow established to hold deposits
required for permit fees shall be paid for by the permittee and are
not refundable.
(3) The
degradation fee (nonrefundable) shall be collected to account for
depreciation of public rights-of-way, caused by excavations of the
public rights-of-way, resulting in the need to reconstruct such rights-of-way
earlier than would be required if the excavations did not occur. "Excavation"
means to dig into or in any way remove or physically disturb or penetrate
any part of a right-of-way.
(a) The degradation fee is calculated based on the following formula:
Degradation fee = P x (A/100) x BR
Where:
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P
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=
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Pavement age multiplier. Pavement age based on data stored in
the Wisconsin Information System for Local Roads (WISLR) system managed
by Wisconsin Department of Transportation.
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A
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=
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Area of excavation in SF (pavement, curb, and sidewalk), minimum
100 SF in calculation
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BR
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=
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Base rate of $1,000
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Age of Street
(years)
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Pavement Age Multiplier (P)
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---|
Greater than 10
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0.1
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6 to 10
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0.5
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5
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1
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3 to 4
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2
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0 to 2
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3
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(b) The degradation fee shall be waived by the City Engineer if the permittee
elects to restore, and upon completion of the restoration and its
acceptance by the City as meeting all requirements pursuant to the
laws therefor, the excavation, pavement, and foundation, following
the City's Design Standards and Construction Specifications. Restoration
shall be considered to be full reconstruction of the excavation area,
pavement, and foundation, including any curb and gutter and sidewalk.
Minimum restoration size shall be 10 feet by the full width of the
road.
(c) Degradation fees shall be waived for excavations performed by the
City or contractors working for the City.
(d) Degradation shall be waived by the City Engineer if the excavation
work is within a roadway scheduled for a pavement reconstruction or
a pavement resurfacing project subsequent to, but in the calendar
year of or following, the excavation.
(e) Degradation fees shall be collected in a fund and reserved for funding
future street improvements.
E. Permit to be displayed. The permit shall be displayed on the site
at all times.
F. Permit to become void. Unless the work shall be commenced within
30 calendar days of the issuance of the permit, the permit shall be
void, and a new permit shall be obtained and an additional fee charged.
The permit will remain in effect for one year from date of issuance.
The Director of Public Works may extend the time limitation for sufficient
cause.
G. Worker and worksite safety. The permittee is fully responsible for
worker and worksite safety. Any comments and/or stop-work orders issued
from City staff, or its representatives, shall not place responsibility
on City for safety.
H. Stop-work order.
(1) For safety reasons to the traveling and general public, the City
may issue a verbal stop-work order. The stop-work order will be in
effect immediately from the verbal command until satisfactory traffic
control and pedestrian barricades are in place. A stop-work order
does not move any liability from the permittee to the City.
(2) To protect receiving waters from erosion and sediment leaving the
worksite, the City may issue a verbal stop-work order. The stop-work
order will be in effect immediately from the verbal command until
satisfactory erosion and sediment control measures are in place. The
permittee will be responsible for any cleanup and damage caused to
other properties as a result of inadequate erosion and sediment control
methods.
I. Citations. The City may issue a municipal citation to any person for failure to comply with the stipulations set forth in a Franklin permit to construct, maintain or repair infrastructure within public right-of-way and is subject to the provisions of Chapter
1, General Provisions, §
1-19.
J. Permit to be revoked. After issuance of a citation(s), the Director
of Public Works, or his designee, may hand deliver or email a written
notice to the permittee as a final warning that the permittee is failing
to comply with the stipulations in the issued permit. The notice will
designate a time frame required for full compliance. Failure of the
permittee to become fully compliant within the designated time frame
makes the permit subject to revocation and forfeiture of all nonrefundable
and refundable permit fees.
(1) Permittees who have a permit revoked shall not be eligible to receive
another Franklin permit to construct, maintain or repair infrastructure
within public right-of-way for five years from the date of revocation.
K. Notices required.
(1) The permittee shall notify all public and private individuals, firms
and corporations affected by the work at least 24 hours before such
work is to start.
(2) The permittee shall notify the Director of Public Works or his or
her authorized representative at least 24 hours prior to the time
of starting work and again at least four hours prior to backfilling
and/or restoring the surface.
L. Emergency work. In the event of an emergency arising out of office
hours, at night, Sundays or legal holidays, when an immediate excavation
may be necessary for the protection of public or private property,
the same shall be reported to the Police Department, which shall grant
permission to make the necessary excavation upon the express condition
that an application be made in the manner herein provided on or before
noon of the next following business day.
M. Construction of new facilities. Within six months after notification
by the City that a new street, alley or sidewalk pavement is to be
constructed, all public and private utilities, firms or individuals
shall construct their necessary facilities in a manner not to interfere
with the paving work.
N. Maximum street opening. The permittee shall prosecute the work in
such a manner so that not more than 600 lineal feet of trench shall
be open at one time.
O. Completion of the work. Excavations shall not remain open in excess
of three calendar days unless specific permission is obtained from
the Director of Public Works prior to the third day. For each day
or fraction thereof, the excavation remains open in excess of three
days, the permittee shall forfeit to the City as damages the sum of
$100. This amount may be deducted from the refundable fees.
P. Method of doing work.
(1) Excavating. The trench shall be excavated to a sufficient width and
depth to permit the laying of the pipe or conduit, using special care
to avoid damaging existing conduits or pipes. All work shall be done
in a manner to conform to the Wisconsin Administrative Codes that
may apply and to the rules and regulations of the City. All refuse
and excess excavated material shall be removed from the street surface
as the work progresses and shall not be permitted to be deposited
on the site.
(2) Maintenance of opening. The applicant shall backfill the opening
immediately upon the completion of the work and place at least eight
inches of traffic bind or similar material in the opening. The applicant
shall maintain the opening in good condition for six months after
the completion of the work or until the surface has been restored,
either by the permittee or the City.
(3) Backfilling. Backfilling shall be done with due care in a workmanlike
manner and shall be consolidated by flooding or tamping according
to approved methods so as to prevent the settling of the facility.
In all streets, alleys, sidewalks or other public ways, whether improved
or unimproved, all excavated material shall be removed and the trench
shall be completely backfilled with clear limestone, one bag concrete
mix slurry or gravel, unless permission is obtained from the Director
of Public Works to use excavated material for backfill.
(4) Barriers and lights in streets. Each opening made in the street or
public ways shall be enclosed with sufficient barriers. Red lights
must be kept burning from sunset to sunrise, one red light to be placed
at each end of opening in street and other lights to be placed at
intervals of 10 feet. All necessary precautions shall be taken to
guard the public effectually from accidents or damage to persons or
property from the beginning to the end of the work.
(5) Restoration of surface. Should any person, firm or corporation fail
to restore the surface within seven calendar days or within a period
determined by the Director of Public Works, the City will make such
repairs and will direct to bill the utility for the cost of labor,
material and an administrative cost of 15%.
(6) Street cuts.
(a)
How cut. All cuts in streets owned by or to be dedicated to
the City shall be saw cut.
(b)
Backfill. Excavation from street cuts made in streets owned
by or to be dedicated to the City shall be backfilled with aggregate
slurry backfill consisting of No. 1 and No. 2 coarse aggregate Class
"C" concrete mix, with the cement deleted and prepared by mixing the
material with water to inundate the aggregate sufficient to provide
an approximate three-inch slump which is deposited in the trench directly
from a concrete transit mix truck according to Standard Specifications
for Sewer and Water Construction in Wisconsin, March 1, 1980 (4th
ed.).
(c)
Enforcement.
[1]
Any person who violates the provisions of this subsection may
be ordered by the Municipal Court to properly cut and/or excavate
and properly backfill the street cut.
[2]
Any person who violates the provisions of this subsection is subject to the provisions of Chapter
1, General Provisions, §
1-19.
Q. Plumbing permits. See also §§
190-8 through
190-12 and §§
190-16 and
190-17. In the event of conflict, such sections shall control.
R. Permit limits. Unless otherwise stipulated for special circumstances,
all permits shall expire one year after date of issuance.
All stones and/or rocks or other material lying
within the public right-of-way shall be removed or set back as follows:
A. If there is an existing curb and gutter, the stones
and/or rocks or other material shall be relocated so that such materials
are not within three feet of the back of the curb and gutter.
B. If there is no curb and gutter, the stones and/or
rocks or other materials shall not be kept within six feet of the
edge of the street or roadway.
[Added 9-15-1998 by Ord. No. 98-1511]
Where the City has required as a condition of
subdivision development that a group mailbox holder be provided to
serve cul-de-sac properties within the subdivision, no person shall
install any mailbox to serve a property designated to be served by
the group mailbox holder, outside of the mailbox holder, and any such
outside or freestanding mailbox is prohibited.
No property owner shall cause the discharge
of water from his or her sumps directly or indirectly upon any public
street or highway from November 15 to April 15 of each year. During
such period, the property owner shall discharge the water from their
sumps onto their lawns at a point not more than 10 feet from their
building.
[Amended 3-5-2002 by Ord. No. 2002-1708]
A. Permit required. No person shall obstruct, close or
otherwise deter traffic in the public streets, roads or highways without
a permit issued by the City Clerk of the City. This section shall
not apply to City, county or state personnel working in the streets,
roads or highways.
B. Application for license. Any person desiring to obstruct
or deter traffic or close a street, road or highway shall complete
a permit application form obtainable from the office of the City Clerk.
The application form shall state:
(1) The name and address of the applicant.
(2) The name and address of the person or association
the applicant represents.
(3) The nature and purpose of the obstruction or street
closing.
(4) A description of all parts of the road, street or
highway which the applicant seeks to obstruct or close.
(5) The date and times which the street, road or highway
is proposed to be obstructed or closed.
(6) The estimated number of people proposed to attend
the event.
(7) The plans for cleaning up after the event is completed.
(8) Provisions for allowing ingress and egress of people
or businesses denied access during the event.
(9) If the street, highway or road is owned by another
jurisdiction (county or state), whether the applicant has obtained
permission from that other jurisdiction.
(10)
All applications shall be signed and sworn to
by the applicant.
C. Permit consideration. Upon filing the completed application,
the City Clerk shall forward the application to the Police Chief and
City Engineer for their comments on such matters as traffic rerouting,
police services required, public works services required and other
relevant matters.
D. Issuance of permit upon return of comments from the
Police Chief and City Engineer. The City Clerk may issue the permit
and place such conditions upon it as are appropriate to secure the
public safety and assure compliance with the conditions, including
but not limited to use of a cash bond for damage restoration, cleanup,
loan of and return of street barricades, use of extra City services
and time deadlines for cleanup. No permit shall be issued if the street,
road or highway is owned by another jurisdiction and the application
fails to obtain the permission of the jurisdiction owning the street,
road or highway.
E. Appeal. If the City Clerk declines to grant the permit,
the applicant may appeal such denial to the City Council.
F. Road damage and cleaning. After the event has been
completed, the applicant is responsible for assuring that the area
used for the event is returned to the same condition as it was prior
to the event, including but not limited to damage to the road and
litter pickup.
G. Penalties. Violation of this section for failure to obtain a permit, willful falsification of the application or failure to fully comply with the conditions of the permit shall be punishable under the terms of Chapter
1, General Provisions, §
1-19.
[Added 4-3-2017 by Ord.
No. 2017-2265]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
COAL TAR
A byproduct of the process used to refine coal. Coal tar
contains high levels of polycyclic aromatic hydrocarbons (PAHs).
COAL TAR SEALANT PRODUCT
A pavement sealant product that contains coal tar, coal tar
pitch, coal tar pitch volatiles, RT-12, refined tar or any variation
assigned the Chemical Abstracts Service (CAS) Numbers 65996-92-1,
65996-93-2, 65996-89-6, or 8007-45-2 or related substances.
DIRECTOR
The City Engineer or the City Engineer's designee.
HIGH-PAH SEALANT PRODUCT
Any pavement sealant product that contains greater than 0.1%
polycyclic aromatic hydrocarbons (PAHs) by weight, including, but
not limited to, coal tar sealant products and sealant products containing
steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis
fuel oil, heavy fuel oil, ethylene tar, or any variation of those
substances assigned the Chemical Abstracts Service Number 64742-90-1,
69013-21-4 or related substances.
PAVEMENT SEALANT PRODUCT or SEALCOAT
Any substance that is typically applied on paved surfaces
to protect the surfaces. This may include but is not limited to sealant
products that are coal tar or asphalt based.
POLYCYCLIC AROMATIC HYDROCARBONS (PAHs)
A group of organic chemicals that are formed during the incomplete
combustion of coal, oil, gas, or other organic substances, are present
at high levels in coal tar, and are known to be harmful to humans,
fish, and other aquatic life.
B. Enforcement. Violations of this section will be enforced by the City
Engineer or the City Engineer's designee.
C. Regulation of the application and sale of coal tar or other high-PAH
sealant products.
(1) Except as provided in Subsection
D, no person shall apply any coal tar sealant product or high-PAH sealant product within the City of Franklin.
(2) No person shall sell, offer to sell, or display for sale any coal
tar sealant product or high-PAH sealant product within the City of
Franklin.
(3) Any person who sells pavement sealant products shall prominently display, in the area where such pavement sealant products are sold, a notice that contains the following language: "The application of coal tar sealant products or other high-PAH sealant products on driveways, parking lots and all other paved surfaces in the City of Franklin is prohibited by §
222-11 of the City of Franklin Municipal Code of Ordinances. Polycyclic aromatic hydrocarbons (PAHs), are a group of organic chemicals that are known to cause cancer and are toxic to aquatic life. Coal tar and other high-PAH sealant products are a major source of PAHs that can travel into homes, buildings, and soils, or be carried by stormwater and other runoff into the water resources of the City of Franklin."
(4) No person shall allow a coal tar sealant product or other high-PAH
sealant product to be applied upon property that is under that person's
ownership or control.
(5) No person shall contract with any commercial applicator, residential
or commercial developer, or any other person for the application of
any coal tar sealant product or high-PAH sealant product to any driveway,
parking lot, or other surface within the City of Franklin.
(6) No commercial applicator, residential or commercial developer, or
other similar individual or organization shall direct any employee,
independent contractor, volunteer, or other person to apply any coal
tar sealant product or high-PAH sealant product to any driveway, parking
lot, or other surface within the City of Franklin.
D. Exemptions. The director may exempt a person from a requirement of
this chapter if the director determines that:
(1) The director may exempt a person from the requirements of Subsection
C if the person is conducting bona fide research concerning the effects of a coal tar sealant product or high-PAH sealant product on the environment; the use of the coal tar product or high-PAH sealant product is required for said research; and the director determines that said research will not cause significant contamination of the surrounding environment, including soils and aquatic ecosystems, and will not unduly endanger human health.
(2) The director may exempt a person from the requirements of Subsection
C if the person does not intend to apply the sealant within municipal boundaries.
E. Penalty.
(1) Any person who violates Subsection
C by applying a coal tar sealant product or high-PAH sealant product at his or her residence shall be subject to a fine not to exceed $500.
(2) Each day that a violation occurs or continues is a separate offense
and subject to an additional fine.
(3) Any commercial sealant product applicator, residential or commercial developer, industrial or commercial owner, or any other person, other than a person identified under Subsection
E(1) above, who violates Subsection
C shall be subject to a fine of not less than $1,000 nor more than $10,000. Each incidence of a violation shall constitute a separate offense. Upon default of payment, the violator shall be subject to imprisonment for not less than 30 days nor more than 100 days.
Except as otherwise provided, any person who shall violate any provision of this chapter, or any order, rule or regulation made hereunder, shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-19.