§ 23B-10. Violations; penalties.

(a)

Any construction, repair or reconstruction of any well or any destruction of any abandoned well in violation of the provisions of this chapter shall constitute a misdemeanor punishable as prescribed in Section 1-7; provided, however, that nothing herein shall be deemed to abrogate or annul the right to enjoin or abate such violations by civil action.

(b)

Any violation of the provisions of this chapter as specified in subsection 23B-5e shall constitute an infraction and shall be punishable by imposition of the following fines:

(1)

Upon a first conviction, a fine of one thousand dollars ($1,000.00);

(2)

Upon a second conviction of violating the same chapter of this Code within the twelve (12) month period immediately preceding the commission of the current violation, a fine of three thousand dollars ($3,000.00);

(3)

Upon a third conviction of violating the same chapter of this Code within a twelve (12) month period immediately preceding the commission of the current violation, a fine of five thousand dollars ($5,000.00).

(c)

Any violation which may be otherwise charged and punishable as an infraction pursuant to subsection (b) may be charged and punishable as a misdemeanor if the defendant has been convicted of three (3) or more violations of the same chapter of this Code within the twelve (12) month period.

(d)

Each and every day or portion thereof that a person violates or continues to violate any such provision of this chapter constitutes a separate offense and may be charged and punished separately without awaiting conviction of any prior violation.

(Ord. No. 3272, § 1, 6-25-96; Ord. No. 4077, § 4, 4-22-14)