TITLE
XV - ENVIRONMENTAL CODE
ARTICLE I - ANIMAL CONTROL PROVISIONS
CHAPTER
1. DEFINITIONS
For the
purpose of this Article, the following terms, phrases, words and derivations
shall have the meaning given herein, unless it shall be apparent from
the context that a different meaning is intended.
(A) Adequate
Feed: The provision at suitable intervals - not to exceed twenty-four
(24) hours of a quantity of wholesome foodstuff suitable for the species
and age, sufficient to maintain and adequate level of nutrition in each
animal. Such foodstuff shall be served in a sanitized receptacle, dish,
or container.
(B) Adequate
Water: A constant access to a supply of clean, fresh, potable water
provided in a sanitary manner or provided at suitable intervals for
the species and not to exceed twenty-four (24) hours at any interval.
(C) Advisor:
A Louisiana licensed practicing Veterinarian, who shall be appointed
by the Tribal Council, to provide services upon their request.
(D) Animal:
Any living creature except human beings, including but not limited
to mammals, birds, fowls, reptiles and fish, except when referring specifically
to the control of rabies when the word "animal" shall mean only mammal.
(E) Animal
Control Department: A division of the Chitimacha Health Department,
responsible for the collection, impounding, care and disposal of animals
on the Chitimacha Reservation, known as the Chitimacha Animal Control
Department; which department is hereby authorized to perform those functions
within as permitted by Tribal law.
(F) Animal
Control Officer: That employee of the Chitimacha Health Department,
known as the Chitimacha Animal Control Officer, authorized to cite for
violations and otherwise enforce the provisions contained herein.
(G) Animal
Shelter: The St. Mary Parish Animal Shelter, operated by the Animal
Shelter Department, Parish of St. Mary or any such facility operated
by St. Mary Parish.
(H) At
Large: An animal may be deemed at large if off the premises of its
owner or keeper and not under the immediate control of a responsible
person.
(I) Bite:
An abrasion, puncture, tear or piercing of the skin actually or suspected
of being caused by an animal.
(J) Cat:
Cat of a domesticated species.
(K) Complainant:
Any person submitting a written and signed complaint and/or the Chitimacha
Animal Control Officer.
(L) Euthanasia:
The humane destruction of an animal accomplished by a method that
involves instantaneous unconsciousness and immediate death or by a method
that involves anesthesia, produced by an agent which produces painless
loss of consciousness, and subsequent death during such loss of consciousness.
(M) Exposed
to Rabies: An animal has been exposed to rabies if it has been bitten
by a known rabid animal or if it has been in contact with any animal
known to be or suspected of being infected with rabies.
(N)
Humane Officer: Employee of St. Mary Parish designated as the Animal
Control Officer under the direction and supervision of the St. Mary
Parish Department of Public Works.
(O) Kennel:
A place or establishment, other than the St. Mary Parish Animal
Shelter, where animals are sheltered, fed and watered in return for
a fee.
(P) Owner:
Any person, partnership, business, corporation, firm, investment stock
company, association or other legal entity owning, keeping or harboring
any animal or having in his care an animal owned or about his premises.
(Q) Rabies
Vaccinations: Inoculation with a recognized anti-rabies vaccine
approved by the St. Mary Parish Health Unit.
(R) St.
Mary Parish Animal Control Department - The department responsible
for the collection, impounding, care and disposal of animals in St.
Mary Parish; which department is authorized to perform those functions
under State law.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
CHAPTER 2. DESIGNATED TRIBAL OFFICIAL.
Sec.
201. Animal Control Officer.
The Chitimacha
Animal Control Officer, shall be that employee of the Chitimacha Health
Department, who is hereby vested with the authority to cite for violations
and otherwise enforce the provisions contained herein. In situations
of animals being at large and animals which have bitten persons, the
authority of the Chitimacha Animal Control Officer shall be concurrent
with that of the St. Mary Parish Animal Control Department.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
CHAPTER 3. RULES AND REGULATIONS.
Sec.
301. Rabies Vaccination.
All dogs
and cats over the age of four (4) months shall be inoculated each year
unless the owner has proof that the animal was vaccinated at one (1)
year of age or older with a live attenuated rabies vaccine or other
type of anti-rabies vaccine which to the satisfaction of the State Sanitarian
confirms immunity in dogs for a minimum of three (3) years.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 302. Rabies Control and Bite Cases.
(A) Should
a dog, cat, or any other animal bite a person or be reported to have
bitten a person within the limits of the Chitimacha Reservation, it
shall be the duty of the owner, or the person having same in his possession
or under his control, to immediately notify the Chitimacha Health Department,
or the Animal Control Officer, and surrender said dog, cat or animal
to the Animal Control Officer, who is herewith authorized and empowered
to enter the premises in order to make any inspection or examination
of said dog, cat or animal as may be deemed necessary. It shall be the
duty of the Animal Control Officer to impound or cause to be impounded
any such dog, cat or animal for a period of ten (10) days for observation
either in the hospital facilities of a licensed veterinarian or at the
Animal Shelter or require such animal to be confined securely for a
period of ten (10) days by the person owning same or having possession
thereof in such manner and on such premises as may be designated by
the Animal Control Officer. Home confinement may be allowed only if
the following conditions are met:
(1) current
vaccination with an approved rabies vaccine;
(2) specific
approval of the Chitimacha Health Department Director; and,
(3) specific
written approval of the exposed party or their guardian and agreement
to the confinement conditions at home by the animal owner. Such confinement
may include, but not be limited to the confinement of the suspect
animal in an escape proof caged enclosure within which no further
bites can occur.
If it
is determined that such animal may be confined under the control or
custody of the owner or responsible party, said owner or person shall
notify the Chitimacha Health Department immediately if the animal shows
any symptoms of sickness, abnormal behavior, or escapes, and if such
animal dies during confinement, such person having custody thereof shall
surrender the carcass to the Animal Control Officer, who will in turn
surrender same to the St. Mary Parish Animal Control Officer, who will
in turn surrender same to the St. Mary Parish Animal Control Department.
Notwithstanding the preceding provisions for confinement, the Health
Director, Animal Control Officer or, the St. Mary Parish Sanitarian
may order the destruction of such animal and send its head to the Bureau
of Laboratories of the Louisiana Department of Health for a rabies laboratory
test whenever deemed necessary for the protection of the bite victim.
(B) Should
any animal undergoing the ten (10) days observation for having bitten
a person show indications of rabies, the destruction of such animal
may be ordered after confirming diagnosis by a licensed veterinarian.
The head of any such animal, which was destroyed or died during the
rabies quarantine, shall be sent to the Bureau of Laboratories of the
Louisiana Department of Health for a rabies laboratory test.
(C) It
shall be the duty of every veterinarian having an animal quarantined
for a bite incident to submit a report to the Chitimacha Health Department
as to the condition of said quarantined animal on the initial day of
observation and the tenth (10th) day immediately following the date
of said bite incident.
(D) Any
animal impounded or confined for rabies quarantine may be released upon
completion of the ten (10) days observation period only upon authorization
as required. Any such animal, if a dog or cat, must have a valid vaccination
tag before it may be released or it must be vaccinated after completion
of the rabies quarantine prior to being released. Any animal so impounded
or confined for rabies may not be released until it has been examined
by and issued a certificate of health from a Louisiana licensed veterinarian.
(E) If
any animal is suspected of having been exposed to rabies, all persons
having knowledge of such condition or event shall forthwith surrender
such animal to the Chitimacha Animal Control Officer, and shall fully
advise same of all the facts and circumstances involved. Such animal
may be quarantined, confined, humanely destroyed or released under the
direction and supervision of the Chitimacha Animal Control Officer as
he deems advisable in rabies control.
(F) No
person shall fail or refuse to surrender an animal for supervised quarantine,confinement
or humane destruction as required herein for rabies control when deemed
advisable by the Chitimacha Animal Control Officer.
(G) Any
person having possession of or responsibility for any quarantined or
confined animal shall immediately notify the Chitimacha Animal Control
Officer, if such animal escapes, or becomes or appears to become sick
or dies; and in case of death of the animal while under quarantine or
confinement shall immediately surrender the dead body to the Animal
Control Officer, for diagnostic purposes.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 303. Prohibitions.
(A) It
shall be unlawful for any person to release or entice any animal secured
by the owner or keeper within his or her yard outside of the premises
of such keeper or owner.
(B) No
person shall poison or ill treat an animal, nor may an animal be abandoned.
No person shall unnecessarily or cruelly beat, mutilate, kill, torture,
or abuse or cause same to be cruelly beaten, mutilated, killed, tortured
or abused. Such person may be subject to the maximum penalties provided.
(C) Every
owner or keeper of animals shall exercise proper care and control of
such animals so as to prevent them from creating or becoming a public
nuisance. Excessive or untimely barking, howling or yelping so as to
disturb the peace and quiet of a neighborhood or its residents or to
disturb the health or repose of the residents; attacking or molesting
passersby or other animals; and/or being repeatedly at large; may be
deemed to be the creation of a public nuisance and the owner or keeper
of an animal causing such public nuisance may be deemed guilty of an
infraction and subject to the penalties contained herein.
(D) Premises
on which animals, including fowl are kept, shall be maintained so as
to prevent disagreeable odors arising therefrom, or the presence of
breeding of flies, mosquitos and other pests. Provisions shall be made
for the removal and disposal of animals and food wastes, bedding, dead
animals and debris. Farm animals such as horses, cows, pigs, sheep,
etc. must be contained no closer than one hundred (100) feet from the
nearest residence.
(E) Vicious
Animals. Fierce, dangerous or vicious animals shall be confined
within a building or enclosure by their owners. Confinement shall be
in such a manner that the animal cannot come in contact with any person
or other animal except under supervised conditions. All such animals,
including but not limited to guard or K-9 dogs, must be under direct
manual control, tethered on a leash or muzzled when not confined as
required above.
(F) The
Animal Control Officer may destroy and/or order the destruction of any
wild or vicious dog or other animal found in violation of this Article,
which cannot be safely taken up or impounded, but it shall be unlawful
for any other person to kill any dog or other animal by shooting or
poisoning at any place other than the Animal Shelter, provided that
in cases of bona fide emergency any person may take such measures as
may be necessary for protection of person and property.
(G) No
person shall expose any known poisonous, dangerous,or noxious substance,
whether `' mixed with food or not, so that same shall be liable to be
eaten by any animal, provided that it shall not be unlawful for a person
to expose on his own property common rat poison mixed only with vegetable
substances. Rat poison, however, shall be exposed only in a manner which
assures that it will not be ingested by dogs or cats.
(H) After
due notice to the owner, the Animal Control Officer may cause the muzzling,
secure confinement, removal from or the humane destruction of any animal
for any of the following reasons:
(1) Whenever
an animal has committed an unprovoked attack upon any person or animal
on more than one occasion;
(2) Whenever
an animal has undergone quarantine for rabies observation twice.
(3) Whenever
any lawful patron or visitor of a business is jeopardized by an animal
used to guard the business when that animal is not securely confined
during hours said business is open to the public.
(I) It
shall be the duty of the owner or keeper of an animal to have such animal
confined within his or her yard or enclosure, or secured by a humane
method therein.
(1) No
animal shall be permitted to run or be upon any street, alleyway,
highway, common or public square or any other facility used by the
public unless under the immediate control of a competent person and
restrained by a substantial chain or leash not exceeding six (6) feet
in length. Animals found to be at large may be seized and impounded
or, as an alternative, the Animal Control Officer finding the said
animal at large may issue a notice to the owner that his animal is
in violation of this Section.
(2) The
owner may be entitled to resume possession of any impounded animal
upon payment of the impoundment and daily board fees and compliance
with vaccination requirements; provided application for such possession,
with payment of all required fees, is made within the time provided
by the rules, after impoundment.
(3) Owners
shall not permit their animals on any school ground when school is
in session, or on any public recreation area when an organized activity
is being conducted, unless the animal is controlled by leash or similar
device to prevent the animal from biting any person or other animal.
Animals shall not be permitted in restaurants or other places serving
food, establishments selling food or edible products, or in any place
of business when prohibited by the owner of same. This provision shall
not apply to "Seeing-Eye" dogs.
(4) Every
female animal in heat shall be confined so that the animal cannot
come into contact with a male animal of the same species which has
not been castrated or vasectomized, except for planned breeding.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 304. Humane Care of Animals.
Every person
owning, keeping or having responsibility for an animal or animals shall
provide said animal or animals with adequate fresh and wholesome food
and water, at least once every twenty-four (24) hours, and protection
from environmental stress. Each and every animal shall be maintained
in a good state of health, so as to insure control, relief and resolution
of diseases or conditions causing pain, debilitation, anxiety or discomfort,
including but not limited to conditions involving the skin, ears, teeth,
internal parasites and external parasites. Any animal afflicted with
disease or conditions as described above, or any animal suffering from
starvation or physical abuse, shall be provided with appropriate medical
care and management with the intent to control, relieve and resolve
said disease or condition. Dogs shall be immunized annually for canine
distemper, hepatitis, leptospirosis and rabies. Cats shall be immunized
annually for feline distemper, rhinotracheitis, calici, pneumonitis
and rabies. Kittens and puppies shall be immunized in accordance with
veterinary recommendations as per their age or conditions; but all dogs
and cats shall receive the immunizations described above by four (4)
months of age, unless their physical condition dictates otherwise as
per specific veterinary recommendations.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 305. Confinement of Diseased Animals.
No animal
which is afflicted with a disease or condition which is communicable
to humans shall be housed within the Reservation unless appropriate
precautions are taken to insure that said condition is confined to said
animal and to insure control and resolution of said disease or condition
No animal afflicted with a contagious disease or condition shall be
exposed to any other animal or person in such a manner which allows
the spread of said disease or condition to the other animal or person.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 306. Failure to Provide Humane Care - Impoundment of Animals.
In cases
where it is alleged that humane care, as defined in the preceding sections,
is not provided to an animal, the Animal Control Officer shall investigate,
and may make specific recommendations along with issuing a Notice of
Violation. If the failure to care for an animal, as defined in the preceding
sections, continues, the Animal Control Officer has the authority to
seize and impound said animal and submit said animal to the Animal Shelter
for medical evaluation and treatment. The expenses incurred in said
medical treatment shall be considered in addition to the impoundment
fee and charged to the owner of the animal in question.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 307. Reasons for Impoundment.
(A) Whenever
animals are kept within any building or on any premises without adequate
food, water or proper care and attention, or required medical care,
or are kept in violation of the provisions contained herein, or are
infected with disease or condition or kept under conditions which could
endanger public health or create a nuisance, it shall be the duty of
the Animal Control Officer to enter said building or premises to take
possession of and remove said animals so abandoned or neglected. Animals
so impounded shall not be released before the reason for causing said
impoundment has been corrected.
(B) If
any impounded animal, impounded for being at large, is not reclaimed
by the owner upon payment of impoundment and daily board fees and compliance
with other legal requirements for keeping an animal, or if the reason
for causing said impoundment is not corrected within a reasonable time,
the animal may be held for such time as deemed reasonable, considering
the animal's probable value, condition of health, and suitability for
use. Upon expiration of such reasonable time, the animal may be offered
for adoption, or humanely destroyed.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 308. Owner Notification, Holding Time, Release of Animal, Adoption
and Disposal of Animal.
Owner notification,
holding time, release of animals, adoption and disposal of animals impounded
in the Animal Shelter shall be in accordance with the rules and regulations
provided for the operation of said Animal Shelter.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 309. Liability of Owner or Responsible party for Animals.
In addition
to the fees and charges to be paid to the Animal Shelter for the release
of any impounded animal, any owner or responsible party, who has permitted
a licensed or unlicensed animal to roam at large may be found guilty
of an infraction, and shall be subject to a penalty as set forth herein.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 310. Unwanted Animals.
Owners
of unwanted animals may bring such animals to the Animal Shelter at
no cost to the owner to be made available for adoption or other disposition
at the discretion of the Animal Shelter
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 311. Animals At Large.
The Animal
Control Officer may impound any animal found to be at large. Any such
animal impounded may be reclaimed by the owner upon payment of impoundment
and daily board fees and compliance with other legal requirements for
keeping of such animal. If no claim is made on any such animal after
seven (7) days of impoundment, the Animal Warden may humanely dispose
of same at its discretion.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 312. Failure to Care For.
Failure
of any person to adequately house, feed and water or maintain and care
for as defined herein for animals in his possession or custody, shall
constitute a violation of this Article and may be subject to the maximum
penalties provided. Such animals shall be subject to seizure and impoundment
and upon proof of violation,may be sold or euthanized.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 313. Interference with Designated Officer and/or Agents.
It shall
be unlawful for any person to hinder, molest or interfere with any officer
and/or agent in the performance of his duties as provided herein.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
CHAPTER 4. PENALTIES
Sec.
401. Notice of Violation.
Any person
who fails to obey the Rules and Regulations as provided herein, shall
be guilty of an infraction, for which a "Notice of Violation" may be
issued by the Animal Control Officer. This "Notice" shall serve as a
written warning and provide five (5) days, from date of service, to
the party cited in which to comply with the provisions herein. Failure
to comply may result with additional penalties being imposed.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 402. Citation/Summons to be Issued.
(A) Notices
for which there has been noncompliance within the time allowed, shall
be submitted by the Animal Control Officer to the Chitimacha Tribal
Police Department for processing.
(B) Upon
receipt of the Notice, a Citation/Summons shall be prepared, and served
upon the party. This document shall reflect the;
(1) name
and address of the party being cited;
(2) violation
for which "Notice" was served;
(3) date
the "Notice" was served; and
(4) date
and time this matter shall be heard before the Chitimacha Tribal Court;
(C) When
service has been completed, the original Citation/Summons, along with
a copy of the Notice, shall be filed with the Clerk of Court, as a Civil
Complaint and placed for hearing on the appropriate docket.
(D) All
Court costs, fees and/or expenses shall be the responsibility of the
party in violation of this Article.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 403. Applicable Fines.
Any person
who fails to comply, resulting in a Citation being issued shall be subject
to the applicable fines as follows;
(A) First
Offense A Twenty-five Dollar ($25.00) fine may be imposed.
(B) Second
Offense A Fifty Dollar ($50.00) fine may be imposed.
(C) Third
Offense A Seventy-five Dollar ($75.00) fine may be imposed.
(D)
Fourth and Subsequent Offenses A fine not to exceed One Hundred
Dollars ($ 100.00) may be imposed, and/or any additional penalties which
shall be deemed appropriate at the discretion of the Court.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
[Sec. 404-405 - Reserved]
Sec. 406. Failure To Appear.
Failure
to appear at the date and time indicated without paying the statutory
fine and costs prior to the hearing date shall be deemed an admission
to the infraction by the party, for which, additional penalties and
Court costs may be imposed.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
If any
section, paragraph, sentence, clause or part of this Article is declared
unconstitutional or in any way invalid, the remaining parts shall remain
in full force and effect.
All ordinances
or parts thereof in conflict herewith are hereby repealed.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
ARTICLE II - MAINTENANCE OF TRIBAL LANDS
CHAPTER
1. PROVISIONS
Sec.
101. Tall Grass and/or Weeds.
No person
shall allow tall grass and/or weeds to grow on any land within the Reservation.
If the grass and/or weeds are not cut and removed within five (5) days
from date of service of a "Notice of Violation", a designated Tribal
employee shall enter the land and cut same at the expense of the person
found in violation of this section. In addition, any and all civil penalties
as provided herein shall also be imposed.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 102. Burning of Debris Restricted.
No person
shall burn any and all debris, including but not limited to leaves,
grass, weeds and/or trash within one hundred (100) feet of any public
right of way, road, highway and/or within fifty (50) feet of the nearest
structure or residence. Any person found in violation of this section
shall be subject to the penalties provided herein.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 103. Sewage Disposal Requirements.
No person
shall maintain an open sewer on any lands within the Reservation. Any
and all persons who have been assigned the use of Tribal land, shall
install a septic tank or connect to a public sewer system. If a person
fails to comply with these requirements within five (5) days from date
of service of a "Notice of Violation", the situation shall be remedied
at the expense of the person in possession of the land. In addition,
any and all civil penalties as provided herein shall also be imposed.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 104. Dismantled and/or Junked Vehicles, Engines, Motors and/or
Appliances Prohibited.
None of
the above shall be dismantled and/or junked on land within the Reservation.
(A) These
items may be deemed dismantled and/or junked if they are;
(1) lacking
in one or more parts essential to its mechanical functioning, or otherwise
inoperable so that it has no substantial potential for further use
consistent with its usual functions, and;
(2) not
moved and no repairs attempted for ninety (90) consecutive days. If
a person fails to comply with this provision within five (5) days
from the date of service of a "Notice of Violation", the item and/or
items as referenced above may be removed and sold or disposed of by
the Tribe. In addition, the person in possession of the property shall
be subject to the penalties provided herein.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 105. Unsightly litter, trash, debris, garbage, etc.
No person
shall permit nor contribute to the presence of unsightly litter, trash,
debris, garbage, etc., to be placed and/or accumulate on Tribal lands.
If a person fails to comply with this provision, by removal of same,
within five (5) days from date of service of a "Notice of Violation",
removal and/or clean up may be completed at their expense. In addition,
they shall be subject to the penalties provided herein.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
CHAPTER 2. PENALTIES
Sec.
201. Notice of Violation.
Any person
who fails to obey the provisions in the preceding Chapter, shall be
guilty of an infraction, for which a "Notice of Violation" may be issued
through personal service or certified restricted delivery mail, by the
Environmental Technician. This "Notice" shall serve as written warning
and provide five (5) days, from date of service, to the party cited
in which to comply. Failure to do so may result with compliance being
met at the expense of the person cited, plus additional penalties being
imposed.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 202. Citation/Summons to be Issued.
(A) Notices
for which there has been noncompliance within the time allowed, shall
be submitted by the Environmental Technician, along with a statement
for expenses incurred to be assessed against the person cited, to the
Chitimacha Tribal Police Department for processing.
(B) Upon
receipt of the Notice, a Citation/Summons shall be prepared, and served
along with a copy of the statement upon the party. This document shall
reflect the;
(1) name
and address of the party being cited;
(2) violation
for which "Notice" was served;
(3) date
the "Notice" was served; and
(4) date
and time this matter shall be heard before the Chitimacha Tribal Court;
(C) When
service has been completed, the original Citation/Summons, along with
a copy of the Notice and Statement of Expenses, shall be filed with
the Clerk of Court, as a Civil Complaint and placed for hearing on the
appropriate docket.
(D) All
Court costs, fees and/or expenses shall be the responsibility of the
party found in violation of this Article.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 203. Applicable Fines.
Any person
who fails to comply, resulting in a Citation being issued shall be subject
to the applicable fines as follows, in addition to fees, costs and/or
expenses which were incurred;
(A) First
Offense A Twenty-five Dollar ($25.00) fine may be imposed.
(B) Second
Offense A Fifty Dollar ($50.00 fine may be imposed.
(C) Third
Offense A Seventy-five Dollar ($75.00) fine may be imposed.
(D) Fourth
and Subsequent Offenses A fine not to exceed One Hundred Dollars
($100.00) may be imposed, and/or any additional penalties which shall
be deemed appropriate at the discretion of the Court.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
Sec. 204. Failure To Appear.
Failure
to appear at the date and time indicated without paying the statutory
fine and costs prior to the hearing date shall be deemed an admission
to the infraction by the party, for which, additional penalties and
Court costs may be imposed.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
If any
section, paragraph, sentence, clause or part of this Article is declared
unconstitutional or in any way invalid, the remaining parts shall remain
in full force and effect.
All ordinances
or parts thereof in conflict herewith are hereby repealed.
(Added
by Ordinance #12-93; Adopted: October 1,1993; Effective: October 1,1993)
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