§ 25-90. Penalties.

(a)

Violations. Unless otherwise provided, the failure to adhere to any of the provisions of this article shall constitute a civil offense.

(b)

Notice. A citation alleging such a violation shall be issued by a police officer, served on the access controller, and shall provide the time and place of an administrative hearing to be held before the chief of police or his designee. Such hearing shall be held not earlier than ten (10) days from the issuance of the citation.

(c)

Right to cure. It is an affirmative defense to a violation of this article involving an electrical, electronic, hardware or mechanical failure of a restricted entry access system that such system was repaired within seventy-two (72) hours of the issuance of the citation or that entry access was not restricted for more than seventy-two (72) hours from the issuance of a citation.

(d)

Hearing. At the administrative hearing, witnesses may be called by either party. The failure of any person charged with a violation to appear at the hearing shall be an admission of liability of the charged violation. The chief of police or his designee shall issue a written order stating whether or not the person charged is liable for the violation and the amount of any fine. The order shall be filed with the municipal court director.

(e)

Fines. The total fine for an offense shall not exceed five hundred dollars ($500.00); however, no fine or penalty may be imposed for a violation where there was no finding of liability for violation of this article on a separate occasion during the twelve-month period preceding the date of the issuance of the citation. Failure to comply with the order of the chief of police or his designee within thirty (30) days from the date the order is filed shall constitute a separate offense; payment of any fine or imposition of any penalty shall be abated during the pendency of any appeal.

(f)

Enforcement. In the event the access controller fails to appeal or comply with the order of the chief of police or his designee within thirty (30) days of the date the order is filed, the order may be enforced by:

(1)

The imposition of an additional fine not to exceed five hundred dollars ($500.00); and/or

(2)

The revocation of the restricted entry access permit.

(g)

Appeal. A person determined by the chief of police or his designee to be in violation of this article may appeal the decision to a hearing officer, who shall be appointed by the city manager, by filing a written appeal with the municipal court director not later than thirty (30) days after the order is filed and by paying a five dollar ($5.00) appeal filing fee. The hearing officer shall set the time and place of the appeal hearing. Such hearing shall not be held earlier than ten (10) days from the date notice of the time and place of the appeal hearing is delivered to the access controller. The municipal court director shall establish a written body of administrative procedures for appeals.

(h)

Appeal hearing. The appeal hearing shall be a hearing de novo. Witnesses may be called by either party. The failure of the appellant to appear at the appeal hearing shall be an admission of liability for the charged violation. The hearing examiner shall issue a written appeal order stating whether or not the person charged is liable for the violation and the amount of any fine. The appeal order shall be filed with the municipal court director. The failure to comply with the appeal order within thirty (30) days shall constitute a separate offense.

(i)

Enforcement of appeal order. In the event the access controller fails to comply with the appeal order within thirty (30) days from the date the appeal order is filed, the appeal order may be enforced by:

(1)

The imposition of an additional fine not to exceed five hundred dollars ($500.00); and/or

(2)

The revocation of the restricted entry access permit.

(Ord. No. 84636, § 1, 8-29-96)