§ 34-43. Violations; penalty.

(a)

A person who violates a provision of this article, or fails to perform an act required of the person by this article commits an offense.

(b)

It shall be unlawful for a person, other than the permittee, to remove a decal from a newsrack.

(c)

It shall be unlawful for any person to remove, take, or appropriate more than one (1) copy of a publication from any newsrack for the purpose of (i) selling such publication to any recycler; (ii) selling, trading, or bartering such publication to anyone for payment of any kind; or (iii) depriving others of the opportunity to read or enjoy such publication. This prohibition shall not apply to an authorized representative of the owner or operator of any newsrack or any publisher or authorized distributor of a publication.

A person commits a separate offense each day or portion of a day during which the violation is committed, permitted, or continued.

(d)

A violation of any of the provisions of this article shall be punishable by a fine not to exceed five hundred dollars ($500.00).

(e)

The penalties provided for in this section are in addition to any other enforcement remedies that the city may have under other city ordinances or state law.

(Ord. No. 2009-9129, § 2, 10-22-09)