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045-89 Ordinance ,. RECORD OF ORDINANCES National Graphics Corp., eols.. o. ~ Form No. 2806-A Ordinance No,. 45-89 Passed..._. .mu.__ .. .__n..._.... nn.. ...19_"00" -- --------------- AN ORDINANCE AMENDING PENALTY PROVISIONS WITHIN THE DUBLIN CODIFIED ORDINANCES WHEREAS~ the Dublin Codified Ordinances contain penalty sections; and, WHEREAS, it is Council's desire to provide consistency and uniformity as it relates to such penalties; NOW, THEREFORE~ BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 5 of the elected members concurring that: Section 1. All misdemeanor penalties setting forth a term of imprison- ment, fined or both shall be classified to Section 501.99 of the Dublin Codified Ordinances. Section 2. Section 181.99 (Income Tax) Violations, penalties of the Dublin Codified Ordinances is hereby amended as follows: (a) Any person subject to the provisions of this Chapter who fails, neglects or refuses to make any return or declaration, or any employer who fails, neglects or refuses to deduct and withhold the taxes or pay the taxes imposed by this chapter or any taxpayer who fails, neglects or refuses to pay the tax, interest and penalties imposed by this chapter or any person who refuses to permit the Finance Director or her delegate or her duly authorized agent or employee, to examine the books, records and papers of a taxpayer or any person who knowingly makes an incomplete, false or fraudulent return, or who attempts to do anything whatsoever to avoid payment of the whole or any part of the tax under this chapter shall be guilty of a minor misdemeanor for the first offense and further, shall be guilty of a misdemeanor of the second degree for a second or subsequent offense~ The failure of a taxpayer to receive or procure a return or declaration form shall not excuse him from making a return or declaration or paying the tax levied under this chapter. (c) EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.) Section 3. Section 182.99 (Hotel/Motel Tax) Penalty, amended as follows (a) Whosoever violates any provision of this 2hapter shall be guilty of a misdemeanor of the third degree, and fined not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) for the first offense. For each subsequent offense such person shall, with a corporation, be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) or imprisoned not more than sixty (60) days, or both. Section 4. Section 701.99 (General Licensing) Provision Penalty, of the Dublin Codified Ordinances is hereby amended as follows: (a) Whoever violates any provision of this chapter is guilty of a minor misdemeanor as set forth in Section 501.99. Section 5. Chapter 705 (CATV) of the Dublin Codified Ordinances is hereby amended to include the following section: 705.99 penalty Whoever violates this Section is guilty of a minor misdemeano , as set forth in Section 501.99. - RECORD OF ORDINANCES National Graphics Corp., Cols., O. .... Form No. 2806-A Ordinance No.. 45-89 Passedm_m. --~ --~ - - - m19nn ----------- Page Two Section 6. Section 709.99 (Commercial Amensements) Penalty of the Dublin Codified Ordinances is hereby amended as follows: (a) Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor, and shall be fined nor more than One Hundred Dollars ($100.00). Each day upon which the violation occurs or continues shall be deemed a separate offense. Section 7. Section 713.99 (Oil and Gas Well Drilling) of the Dublin Codified Ordinances, is hereby amended as follows: (a) Whoever violates any provision of this ch~pter, sha 11 be guilty of a misdemeanor of the third degree as set forth in Section 501.99. Each day of continued violation shall constitute a separate offense. Section 8. Section 717.99 (Peddlers and Solicitors) of the Dublin Codified Ordinances, is hereby amended as follows: (a) Whoever violates any provision of this chapter shall be uilt of a minor misdemeanor as set forth in Section 501.99. Each day on which sales are conducted in violation of this Chapter shall constitute a separate offense. Section 8. Section 721.99 (Taxi Cabs) Penalty, of the Dublin Codified Ordinances is hereby amended as follows: (a) Whoever violates any provision of this chapter shall be uilt of a minor misdemeanor as set forth in Section 501.99. Each day on which a violation occurs shall be deemed a separate of enSE Section 9. Section 725.00 (Yard Sales) Penalty, of the Dublin Codified Ordinances is hereby amended as follows: (a) Whoever violates any provision of this chapter shall be guilt of a minor misdemeanor as set forth in Section 501.99. Each day on which a violation occurs or continues shall be deemed a separate offense. Section 10. Section 733.99 (Mechanical Amusement Garrerooms) Penalty of the Dublin Codified Ordinances is amended as follows: (a) Whoever violates any provision of this chapter shall be guilt of a misdemeanor of the third degree. Each day during which he violation continues shall constitute a separate offense for each machine or device involved in the offense. Section 11. Section 737.99 (Child Day-Care Centers) Penalty of the Dublin Codified Ordinances is hereby amended as follows; (a) Whoever violates any provision of this chapter shall be guilt of a minor misdemeanor. Each day on which a violation occurs or continues shall be deemed a separate offense. Section 12. Section 905.99 (Excavations) Penalty of the Codified is hereby amended as follows: (a) Whoever violates any provision of this chapter sha 11 be uilt of a minor misdemeanor. Each day during or on which a violation occurs or continues shall be deemed a sepa:~ate offense. .. ORDINANCES RECORD OF National Graphics Corp., Cols.. O. Form No. 2806-A Ordinance No, 45-89 Passed. um. u . u.19. Page Three Section 13. Section 909.99 (Sidewalks) Penalty of the Dublin Codified Ordinances is hereby amended as follows: (a) Whoever violates any provision of this chapter shall be uilty of a minor misdemeanor as set forth in Section 501.99. Each day on which a violation occurs or continues shall constitute a separate offense. Section 14. Section 929.99 (Water) Penalty, of the Codified Ordinances s hereby amended as follows: (a) Whoever violates any provision of this chapter shall be guilt of a minor misdemeanor as set forth in Section 501.99. Each day on which a violation occurs shall be deemed a separate offense. Section 15. Section 1115.99 (Subdivisions) Penalty of Dublin Codified Ordinances shall be amended as follows: (a) Whoever violates or fails to comply with cr permits or causes any person in his employ to violatE or fail to comply with any provision of the Subdivision Regulations sha 11 be guilty of a minor misdemeanor as set forth in Section 501.99. Each day on which a violation occurs or continues shall constitute a separate offense. Section 16. Section 1123.99 (Zoning Administration) of the Dublin Codified Ordinances is hereby amended as follows: (a) In the event any violation of the Zoning Ordinance is committed, the owner or owners of the building or premises upon which the violation has been committed, any architect, builder or contractor who assists in the commission of such violation and any person, firm or corporation who violates or assists in the violation of any of the provisions of the Zoning Ordinance or who fails to comply therewith or with any requirement thereof, who builds in violation of any state- ment, plan, submitted and approved thereunder shall, for each and every violation for non compliance be guilty of a ~ misdemeanor, as set forth in Section 501.99. Each day during which a violation or noncompliance occurs shall constitute a separate offense. Section 17. This Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this 19th day of June 1989. , Ma~i~ "J'J1,~~:~ ~'!qO 'U!/ no '''lUnO) 10 ~Ja/) " . .. ~- , , ."' Attest: A;;:::("'Y 1?pY; , (/ /) I "PO) paS!AaH Ol~ au, ~o ~7' r r llll)f')a~ 1fJ!^' BJUDPJOl)D UI wlqnO 10 I) _~-IA7 'tJJ. ~ "au Ul (!BISIi.. " I ' . . Clerk of Counci ... , ''''CO) lD4l ,{l!lJaJ ,{qm I