Laserfiche WebLink
do <br /> <br />eo <br /> <br />go <br /> <br />Hearings. If a person accused of violating this section so requests, a <br />hearing shall be scheduled, the time and place of which shall be published <br />and provided to the accused violator. <br /> <br />Heating Officer. The city council shall serve as the hearing officer. <br />(Option could be independent heating officer). <br /> <br />Decision. If the hearing officer determines that a violation of this section <br />did occur, that decision, along with the hearing officers reasons for finding <br />a violation and the penalty to be imposed under Section 13 of this section, <br />shall be recorded in writing, a copy of which shall be provided to the <br />accused violator. Likewise, if the hearing officer finds that no violation <br />occurred or finds grounds for not imposing any penalty, such findings <br />shall be recorded and a copy provided to the acquitted accused violator. <br /> <br />Appeals. Appeals of any decision made by the hearing officer shall be <br />filed in the district court for the jurisdiction of the City in which the <br />alleged violation occurred. <br />Misdemeanor Prosecution. Nott~ing in this section shall prohibit the city <br />from seeking prosecution as a misdemeanor for any alleged violation of <br />this section. <br /> <br />Continued Violation. Each violation, and every day in which a violation <br />occurs or continues, shall constitute a separate offense. <br /> <br />7.93.13 <br /> <br />Penalties. <br /> <br />Administrative Civil Penalties; Individual Minors. Any person under the <br />age of 18 who attempts to purchase a tobacco product is subject to an <br />administrative penalty. The city council may impose administrative <br />penalties as follows: <br /> <br />1. First Violation: The city council may impose a civil penalty not to <br /> exceed $500 and/or require the person to attend tobacco related <br /> education classes, and/or participate in a diversion program and/or <br /> complete certain community services. <br /> <br />2. Second Violation: The city council may impose a civil penalty not <br /> to exceed $750 and/or require the person to attend tobacco related <br /> education classes, and/or participate in a diversion program and/or <br /> complete certain community services. <br /> <br />3. Third Violation: The city council may impose a civil penalty not <br /> to exceed $1,000 and/or require the person to attend tobacco <br /> related education classes, and/or participate in a diversion program <br /> and/or complete certain community services. <br /> <br /> <br />