City of Oconto Falls, WI Chapter 160 Adult Entertainment Establishments

[HISTORY: Adopted by the Common Council of the City of Oconto Falls 4-15-1997 by Ord. No. 97-009 (Ch. 73). Amendments noted where applicable.]

GENERAL REFERENCES

Intoxicating liquor and fermented malt beverages — See Ch. 292.

Nuisances — See Ch. 348.

Peace and good order — See Ch. 365.

Zoning — See Ch. 480.

§ 160-1 Purpose and intent.

A. Purpose. It is the purpose of this chapter to regulate and license all sexually oriented adult entertainment establishment businesses (hereinafter referred to as "adult establishments"):

(1) For the purpose of promoting the health, safety, morals, and general welfare of the citizens of the City of Oconto Falls;

(2) To aid in the alleviation and prevention of the adverse and deleterious effects of criminal activity and disruption of the public peace associated with such establishments; and

(3) To establish reasonable and uniform regulations to prevent the serious health hazards associated with unsafe and unsanitary conditions known to exist in those establishments and to alleviate the spread of sexually transmitted diseases and other contagious diseases in those establishments.

B. Regulation. The businesses regulated and licensed by this chapter include any such sexually oriented business, or business hosting specified sexual activities, as defined in § 160-2.

§ 160-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

SEXUALLY ORIENTED ADULT ENTERTAINMENT ESTABLISHMENT

Includes bookstores, motion-picture theaters, mini motion-picture theaters, bathhouses, modeling studios, body painting studios, and cabarets and is more specifically defined as:

A. ADULT BOOKSTORE An establishment having as a substantial or significant portion of its stock and trade in books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein.

B. ADULT MOTION-PICTURE THEATER An enclosed building with a capacity of 25 or more persons at which a significant or substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.

C. ADULT OUTDOOR MOTION-PICTURE THEATER A parcel of land from which individuals may view a motion picture presented out of doors which presents material distinguishably characterized by an emphasis on matter depicting, describing, or relating to specified sexual activity or specified anatomical areas.

D. ADULT MINI MOTION-PICTURE THEATER An enclosed building with a capacity for fewer than 25 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.

E. ADULT BATHHOUSE An establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities as defined in this chapter.

F. ADULT MOTEL A hotel, motel, or similar commercial establishment which:

(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;

(2) Offers sleeping rooms for rent for a period of time that is less than 10 hours; or

(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

G. ADULT MODELING STUDIO An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise.

H. ADULT BODY PAINTING STUDIO An establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this chapter, "adult body painting studio" shall not be deemed to include a tattoo parlor.

I. ADULT CABARET:

(1) An establishment or business which features male and/or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers.

(2) Any adult cabaret, as defined above, which features such entertainment on a periodic and infrequent basis is considered an adult entertainment establishment only during those times when the adult entertainment is being presented or the entertainers are on the premises, and all provisions of this chapter shall apply during those presentations. Further, such periodic adult cabaret shall notify the Oconto Falls Police Department at least 24 hours prior to the date on which such adult entertainment is to take place.

(3) Any periodic adult establishment, as defined above, shall be licensed yearly in accordance with the licensing provisions hereinafter set forth.

J. ADULT NOVELTY SHOP An establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, specified sexual activities as defined herein or stimulating such activity.

SPECIFIED ANATOMICAL AREAS

A. Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola.

B. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

A. Human genitals in a state of sexual stimulation or arousal.

B. Acts of human masturbation, sexual intercourse, or sodomy.

C. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.

§ 160-3 License procedure.

A. License required.

(1) Except as provided in Subsection A(5) below, from and after the effective date of this chapter, no adult establishment shall be operated or maintained in the City of Oconto Falls without first obtaining a license to operate issued by the City Oconto Falls.

(2) License period.

(a) All licenses shall expire on June 30 annually.

(b) All licenses shall be issued for a period of one year and shall not be prorated for a shorter period of time.

(c) License fees shall not be refundable.

(3) A license may be issued only for one adult establishment located at a fixed and certain place. Any person, partnership, or corporation who or which desires to operate more than one adult establishment must have a license for each.

(4) No license or interest in a license may be transferred to any person, partnership, or corporation.

(5) All adult establishments existing at the time of the passage of this chapter must submit an application for a license within 90 days of the passage of this chapter. If an application is not received within said ninety-day period, then such existing adult establishment shall cease operations.

B. Application for license.

(1) Any person, partnership, or corporation desiring to secure a license shall make application to the City Administrator - Clerk/Treasurer. The application shall be filed in triplicate with and dated by the City Administrator - Clerk/Treasurer. A copy of the application shall be distributed within 10 days of receipt to the Oconto Falls Police Department, Health Officer, and Building Inspector.

(2) The application for a license shall be upon a form approved by the City Administrator - Clerk/Treasurer. An applicant for a license, which shall include all partners or limited partners of a partnership applicant, and all officers or directors of a corporate applicant, and any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:

(a) Name and address, including all aliases.

(b) Written proof that the individual is at least 18 years of age.

(c) All residential addresses of the applicant for the past 10 years.

(d) The business, occupation, or employment of the applicant for the 10 years immediately preceding the date of application.

(e) Whether the applicant previously operated in this or any other state, county, or city under an adult establishment license or similar business license, whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.

(f) All criminal convictions, whether federal or state, or city ordinance violation convictions, forfeiture of bond and pleading of nolo contendere on all charges, except minor traffic violations.

(g) Fingerprints and two portrait photographs at least two inches by two inches of the applicant.

(h) The address of the adult establishment to be operated by the applicant.

(i) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent, and all officers and directors of the corporation.

(j) Copy of the conditional use permit authorizing the operation of such an establishment.

(k) Applicant's driver's license and social security numbers.

(l) Applicant's federal employer identification number.

C. Standards for issuance of license.

(1) To receive a license to operate an adult establishment, an applicant must meet the following standards:

(a) If the applicant is an individual:

[1] The applicant shall be at least 18 years of age.

[2] Subject to Ch. 111, Wis. Stats., the applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.

[3] The applicant shall not have been found to have previously violated this chapter within five years immediately preceding the date of the application.

(b) If the applicant is a corporation:

[1] All officers, directors, and others required to be named under Subsection B(2) shall be at least 18 years of age.

[2] Subject to Ch. 111, Wis. Stats., no officer, director, or other person required to be named under Subsection B(2) shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.

[3] No officer, director, or other person required to be named under Subsection B(2) shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.

(c) If the applicant is a partnership, joint venture, or any other type of organization where two or more persons have a financial interest:

[1] All persons having a financial interest in the partnership, joint venture, or other type of organization shall be at least 18 years of age.

[2] No persons having a financial interest in the partnership, joint venture, or other type of organization shall, subject to Ch. 111, Wis. Stats., have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.

(2) No person having a financial interest in the partnership, joint venture, or other type of organization shall have been found to have violated any provision of this chapter within five years immediately preceding the date of the application.

(3) No license shall be issued unless the Oconto Falls Police Department has investigated the applicant's qualifications to be licensed. The results of that investigation shall be filed in writing with the City Administrator - Clerk/Treasurer no later than 20 days after the date of the application.

(4) The Building Inspector and Health Officer shall inspect the premises proposed to be licensed to verify compliance with their respective codes and shall report compliance findings to the City Administrator - Clerk/Treasurer within 20 days of the date of application.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(5) No license shall be issued unless the applicant provides proof of one of the following:

(a) Ownership of a properly zoned building or parcel of real property upon which a building can be constructed. Proper zoning includes permissible nonconforming use status and issuance of the required conditional use permit.

(b) A lease on a building which is properly zoned to house the venture. Proper zoning includes permissible nonconforming use status and issuance of the required conditional use permit.

(c) An option to purchase property which is properly zoned for the venture. Proper zoning includes permissible nonconforming use status and issuance of the required conditional use permit.

(d) An option to lease property which is properly zoned for the venture. Proper zoning includes permissible nonconforming use status and issuance of the required conditional use permit.

(6) No license shall be issued to an operator of an establishment licensed to serve, dispense, or furnish alcoholic beverages under Ch. 125, Wis. Stats.

D. Fees.

(1) Original application. All original applications shall be accompanied by a license fee as set by the Common Council.

(2) Renewals. All renewals of an existing adult entertainment establishment license issued under the provisions of this chapter shall be accompanied by a license fee as set by the Common Council.

(3) Transfers. All licensing of adult entertainment establishments required due to the sale, transfer, or relocation of such an establishment shall be considered an original license application and shall be assessed an original application fee.

(4) Payment. The required license fee shall be paid at the time of submittal of the license application to the City Administrator - Clerk/Treasurer.

(5) License fees shall not be refunded to an applicant whose license is denied.

E. Display of license or permit. The license shall be displayed in a conspicuous public place in the adult establishment.

F. Renewal of license or permit.

(1) Every license issued pursuant to this chapter will terminate on June 30, unless sooner revoked, and must be renewed before operation is allowed during the following license year. Any operator desiring to renew a license shall make application to the City Administrator - Clerk/Treasurer no later than 60 days prior to the date of expiration of the existing license. The application for renewal shall be filed in triplicate with and dated by the City Administrator - Clerk/Treasurer. A copy of the application for renewal shall be distributed by the City Administrator - Clerk/Treasurer to the Oconto Falls Police Department, Building Inspector and the Health Officer and the applicant. The application for renewal shall be upon a form provided by the City Administrator - Clerk/Treasurer and shall contain such information and data, given under oath or affirmation, as required for an application for a new license.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) A license renewal fee as set by the Common Council shall be submitted with the application for renewal. In addition to the renewal fee, a late fee as set by the Common Council shall be assessed against an applicant who files for a renewal less than 60 days before the license expires.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) If the Oconto Falls Police Department is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the City Administrator - Clerk/Treasurer.

G. Denial of application.

(1) Whenever an initial application is denied, the City Administrator - Clerk/Treasurer shall, within 14 days of the denial, advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within 10 days of receipt of notification of denial, a public hearing shall be held at the next regularly scheduled meeting of the Ordinance Committee of the Common Council, as hereinafter provided.

(2) Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any investigation required by this chapter shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the City Administrator - Clerk/Treasurer.

H. Suspension, revocation, or nonrenewal of license.

(1) The license granted herein may be revoked or suspended for up to six months or not renewed by the Common Council as follows:

(a) If the applicant has made or recorded any statement required by this section knowing it to be false or fraudulent or intentionally deceptive.

(b) For the violation of any provision of this section, except for establishment license matters involving violations of City codes, in which case the license shall be revoked after the second conviction thereof in any license year.

(c) After one conviction of any establishment personnel of an offense under Ch. 944, Wis. Stats., or of an offense against the person or property of a patron of the property or of an offense involving a substance in Subchapter II of Ch. 961, Wis. Stats., where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant.

(2) Notice and hearing. No license shall be revoked, suspended, or not renewed by the Common Council except upon due notice and hearing to determine whether grounds for such action exist. Such hearing shall be held before the Ordinance Committee. Notice of such hearing shall be in writing and shall state the grounds of the complaint against the licensee. The notice shall be served upon the licensee at least 15 days prior to the date of the hearing and shall state the time and place thereof. At the conclusion of such hearing, the Ordinance Committee shall submit its recommendations to the Common Council as to what, if any, action the Common Council should take with respect to the license.

§ 160-4 Registration of employees.

A. All operators, employees, and independent contractors working in any adult entertainment establishment shall, prior to the beginning of employment or contracted duties, register with the Oconto Falls Police Department. Such registration shall include the following:

(1) Name, address, birth date, any and all aliases used, telephone numbers, date on which employment is to begin, and name of employer.

(2) Photographs.

(3) Fingerprints.

B. Upon registration, the Police Department will undertake a background investigation of each employee and contractor to ensure compliance with this chapter.

C. A registration fee as set by the Common Council shall be assessed for each registration to recover 125% of necessary investigation cost.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 160-5 Physical layout.

Any adult establishment having available for customers, patrons, or members any booth, room, or cubicle for the private viewing of any sexually oriented adult entertainment must comply with the following requirements:

A. Access. Each booth, room, or cubicle shall be totally accessible to and from aisles and public areas of the adult establishment and shall be unobstructed by any door, lock, or other control-type devices.

B. Construction. Every booth, room, or cubicle shall meet the following construction requirements:

(1) Each booth, room, or cubicle shall be separated from adjacent booths, rooms, cubicles, and any nonpublic areas by a wall.

(2) Each booth, room, or cubicle shall have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying the same.

(3) All walls shall be solid and without any openings, extended from the floor to a height of not less than six feet, and be light colored, nonabsorbent, smooth textured and easily cleanable.

(4) The floor must be light colored, nonabsorbent, smooth textured, and easily cleanable.

(5) The lighting level of each booth, room, or cubicle, when not in use, shall be a minimum of 10 footcandles at all times, as measured from the floor.

C. Occupants. Only one individual shall occupy a booth, room, or cubicle at any time. No occupant of the same shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.

§ 160-6 Responsibilities of operator.

A. The operator shall maintain a register of all employees, containing the information required in § 160-4A(1) and such other information as may be required by the Police Department. Such register shall be open to police inspection during the hours of operation of the adult establishment.

B. No employee of an adult entertainment establishment shall allow any minor to loiter around or to frequent an adult entertainment establishment or allow any minor to view sexually oriented adult entertainment as defined herein.

C. The operator shall maintain the premises in a clean and sanitary manner at all times.

D. The operator shall maintain at least 10 footcandles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room, or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles; provided, however, that at no time shall there be less than one footcandle of illumination in said aisles, as measured from the floor.

E. The operator shall ensure compliance of the establishment and its patrons with the provisions of this chapter.

F. The operator shall ensure that there is conspicuously posted inside each booth, stall, partitioned portion of a room, or individual room an unmutilated and undefaced sign or poster supplied by a public health agency which contains information regarding sexually transmitted diseases and the telephone numbers from which additional information can be sought.

G. The operator shall ensure that there are conspicuously displayed at a place near every public entrance of the establishment information, brochures and/or pamphlets supplied by a public health agency pertaining to sexually transmitted diseases.

H. The operator shall ensure that there are posted regulations concerning booth occupancy on signs, with lettering at least one inch high, that are place in conspicuous areas of the establishment and in each of the viewing enclosures.

§ 160-7 General license conditions and restrictions.

A. Location.

(1) No adult establishment shall be located in any area of the City not properly zoned for the operation of such an establishment.

(2) A properly issued conditional use permit shall be required for the issuance of an adult entertainment establishment license. The Planning Commission shall review compliance with such permit annually during the license renewal review period and recommend reissuance of the same to the Common Council.

(3) No adult entertainment establishment license shall be issued for a premises with an entrance less than 1,000 feet from the entrance of any established public school, parochial school, medical clinic, convalescent home, hospital, or church or youth organization. Such distance shall be measured by the shortest route between the two along a public street.

(4) No adult entertainment establishment license shall be issued for a premises with an entrance less than 1,000 feet from the boundary of any property occupied by a single-family or multifamily residence or apartment building, mobile home, mobile home park, subdivision or campground or travel trailer park.

B. Parking. All adult establishments shall provide a minimum of 10 off-street parking spaces.

C. Lighting. All entry ways, parking lots and delivery doors shall be well lit during the hours of darkness.

D. Live performances. During those times in which performers are on the premises, the premises is open to the public, and the performance is expected to, or does, attract 30 or more patrons, an operator shall ensure that there are adequate and readily identifiable licensed security personnel posted near any room where performers dress or change clothing.

E. Consent of entry. Every applicant procuring an adult entertainment establishment license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all articles there had in violation of City ordinances or state laws, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.

F. Health and sanitary requirements. An adult entertainment license shall not be issued for any premises which does not conform to the sanitary, safety, and health requirements of the State Department of Commerce and its successor agencies pertaining to buildings and plumbing and electrical wiring, to the rules and regulations of the State. Department of Health and Family Services applicable to lodging and restaurants, and to all such ordinances and regulations adopted by the City. Should a licensed premises fall below such standards, the license may be revoked or suspended pursuant to § 160-3H.

G. Delinquent payment. The City Administrator - Clerk/Treasurer shall not issue a license to any applicant occupying a premises for which real or personal property taxes or special assessments are delinquent and unpaid or to an applicant otherwise indebted to the City, the City's utilities, or the county, state or federal government unless such applicant shall make arrangements satisfactory to the Administrator - Clerk/Treasurer to pay such debts not less than 30 days before the expiration of the license.

H. Disorderly house.

(1) Duty to maintain order. A licensee under this section shall have a duty to maintain order and peace in and around the licensed premises. This duty shall extend to and include an adjacent parking lot or facility adjacent to and servicing the licensed premises.

(2) Police power to close licensed premises.

(a) Police Department. The Police Department may order any disorderly house closed until 12:00 noon the following day when, in the reasonable view of the Department, the licensee or person in charge failed to maintain peace and order pursuant to Subsection H(1) of this section or the Department otherwise believes that the public peace and safety are served by such closing by reason of threat to the bodily security, property, or peaceful repose of any member of the general public.

(b) The Building Inspector, Fire Chief, or Municipal Health Officer may request the Police Chief to order the temporary suspension of an adult entertainment establishment license where an imminent health hazard exists on licensed premises pending a hearing pursuant to § 160-3H. Such closing may act as grounds for suspension or revocation of an adult entertainment establishment license privilege under this chapter.

(c) The licensee shall maintain peace and order over any outdoor area adjacent to and used in conjunction with a licensed premises, whether or not said outdoor area is licensed. In the event that the Police Department receives two complaints concerning noise emanating from such outdoor area, or a complaint concerning disorderly activity in the outdoor area, or any agent or representative of the Police Department personally observes disorderly or unduly loud activity, the Police Department shall make all deliberate effort to contact the person in charge of the licensed premises and inform him/her of the complaint(s). If the activity complained of continues, the licensee is acting in violation of this section. Continued violations of this section may result in the Police Department exercising its authority under Subsection H(2)(a) of this section and ordering the entire licensed area closed in the public interest. In exercising its authority under this subsection, the Police Department shall consider:

[1] Time of day.

[2] Ability of the licensee or an agent to control the situation.

[3] The number of complaints registered.

[4] Any previous warnings.

[5] Presence of unruly or disorderly activity and the ability of the licensee and/or Police Department to control such activity.

[6] Cooperation of the licensee.

[7] The amount of noise emanating from the area.

[8] The proximity of residences, places of business, or other members of the public to the complained of activity.

[9] The likelihood of bodily harm or property damage to the licensee, any members of the general public, or public property.

[10] Amount or likelihood of disturbance of public peace and repose.

I. Drug paraphernalia. No licensed adult entertainment establishment shall stock, supply, sell, distribute, display, or permit to be used a regulated or banned narcotic, narcotic delivery system or what may be regarded by law enforcement personnel as drug paraphernalia within or on the premises, including exterior parking areas.

J. Revocation of license. Whenever any license has been revoked:

(1) At least 60 days from the time of such revocation shall elapse before another license shall be granted for the same premises; and

(2) Twelve months shall elapse before another license shall be granted to the person whose license was revoked.

K. Voting stock. No license shall be granted to any corporation, cooperative, partnership, or organization when more than 50% of the voting stock interest, legal interest, or beneficial interest is held by any person or persons not eligible for a license under municipal ordinance.

L. Convictions.

(1) No license shall be issued to any person, corporation, or organization who or which has been convicted of a violation of any provision of this section during one year prior to such application. A conviction of an individual controlling more than 50% of the voting stock interest, legal interest, or beneficial interest of a corporation, cooperative, partnership, or other organization shall make the corporation, cooperative, partnership, or other organization ineligible for such a license for one year.

(2) No license shall be issued to any person who has been convicted of any offense against this state, punishable by imprisonment in the state prison, unless the person so committed has been duly pardoned.

M. Violations by agents and employees. A violation of this section by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

§ 160-8 Exemption.

All public and private schools, as defined in Ch. 115, Wis. Stats., located within the City of Oconto Falls are exempt from obtaining a license hereunder when instructing pupils in sex education as part of their curriculum.

§ 160-9 Annexations.

A. Additions to City. The regulations incorporated within § 160-3 shall include all territory that may be annexed from time to time to the City of Oconto Falls.

B. Retroactive. The ban on sexually oriented businesses in annexed territory shall become retroactive from the time the annexation ordinance is in force.

§ 160-10 Violations and penalties. [1]

Any person who shall violate any of the provisions of this chapter shall be subject to a penalty as provided in § 1-9 of this Code. Each day of violation shall constitute a separate violation.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).