[1]
Editor's Note: Prior Ordinance history includes portions
of 1974 Code §§ 115A-1 through 115A-4 and Ordinance
No. 86-24.
[Ord. No. 02-60-OA § 1]
This section shall be known as the "Berkeley Township Soil Disturbance
Ordinance."
a.
The purpose of this section is to control soil erosion and sediment
damages and related environmental damage by requiring adequate provisions
for the prevention of soil erosion and for the protection of exposed
soil surfaces in order to promote the safety, public health, convenience
and general welfare of the community.
b.
In an effort to provide uniformity and to avoid confusion in the
enforcement of regulations relating to the prevention of soil erosion
and sedimentation, the provisions of this section shall be implemented
by the Ocean County Soil Conservation District on behalf of the Township.
The Ocean County Soil Conservation District shall be the review, inspection,
and enforcement authority for soil erosion and sediment control for
all designated development projects, which shall receive final subdivision,
site plan or construction permit approval from the Berkeley Township
Planning Board, Board of Adjustment or Construction Official (where
Board approval of a project is not required), within the Township
pursuant to N.J.S.A. 4:24-1 et seq.
[Ord. No. 02-60-OA § 1]
The following definitions shall apply in the interpretation
and enforcement of this section, unless otherwise specifically stated:
Shall mean a person, partnership, corporation, public agency
or other entity requesting permission to engage in land disturbance
activity.
Shall mean a plan to control soil erosion and sedimentation
which has been certified by the Ocean County Soil Conservation District.
Shall mean a written endorsement of a plan for soil erosion
and sediment control by the District which indicates that the plan
meets the Standards for Soil Erosion and Sediment Control in New Jersey
as promulgated by the State Soil Conservation Committee as set forth
in this section.
Shall mean the Ocean County Soil Conservation District established
in accordance with N.J.S.A. 4:24-1 et seq.
Shall mean any activity involving the clearing, excavating,
storing, grading, filling or transporting of soil or any other activity
which causes soil to be exposed to the danger of erosion.
Shall mean detachment and movement of soil, rock or other
mineral or organic fragments by water, wind, ice or gravity.
Shall mean a scheme which indicates land treatment measures,
including a schedule of the timing for installation to minimize soil
erosion and sedimentation.
[Ord. No. 02-60-OA § 1]
Any new applications for development (as that term is defined
in N.J.S.A. 4:24-41) received after the effective date of this section[1] or which shall not have received final site plan or subdivision
approval shall be referred by either the Planning Board, the Board
of Adjustment or the Construction Official (where Board approval is
not required), as the case may be, to the Ocean County Soil Conservation
District for review, approval, inspection and enforcement of soil
erosion and sediment controls pursuant to N.J.S.A. 4:24-39 et seq.
The Township shall require a performance bond or other suitable performance
guaranty for all soil erosion and sediment control measures which
may be required by the Ocean County Soil Conservation District to
ensure installation and completion of the required permanent stabilization
measures.
[1]
Editor's Note: This section, adopted by Ordinance No.
02-60-OA became effective December 15, 2003.
[Ord. No. 02-60-OA § 1]
The Planning Board, the Board of Adjustment or the Construction
Official, as the case may be, shall condition all preliminary or final
site plan, subdivision or construction permit approvals (where Board
approval of projects is not required), upon the certification of a
soil erosion and sediment control plan by the Ocean County Soil Conservation
District. In addition, each such Board and Construction Official shall
refer any and all applications for such approvals or a copy of each
such approval to the Ocean County Soil Conservation District for review.
[Ord. No. 02-60-OA § 1]
a.
No site shall be disturbed by any person, partnership, corporation,
special agency or other entity within this municipality unless an
application for certification of a soil erosion and sediment control
plan has been submitted to the District and such application and plan
have been certified by the District, except as hereinafter exempted.
b.
Review and certification of said application shall be made within
a period of 30 days after submission of a complete application unless,
by mutual agreement, in writing, between the District and the applicant,
this period is extended for an additional 30 days. Failure of the
District to make a decision within such period or such extension thereof
shall constitute certification. The applicant shall be provided with
written notice of such decision by the District.
c.
Said application process shall only apply to new construction of
a primary structure and shall not be required for any accessory structure
or use incidental to the primary structure or use.
[Ord. No. 02-60-OA § 1]
a.
Upon determination that all requirements of this section have been
complied with and upon payment of all fees to be paid hereunder, the
District shall review the application and the plan submitted by the
applicant and thereafter provide a written notice indicating that:
b.
For purposes of this section, a major revision of the plan by the
applicant shall constitute a new submission.
[Ord. No. 02-60-OA § 1]
A soil erosion and sediment control plan shall include the following
items:
a.
Location and description of existing natural and man-made features
on and surrounding the site, including general topography, soil characteristics,
wetland locations and a copy of the Soil Conservation Soil Survey,
where available.
b.
Location and description of proposed changes to the site.
c.
Measures for soil erosion and sediment control which must meet or
exceed the Standards for Soil Erosion and Sediment Control promulgated
by the State Soil Conservation Committee. Such Standards shall be
on file at the Office of the Township Clerk and the Ocean County Soil
Conservation District Office.
d.
A schedule of the sequence of installation or application of planned
erosion and sediment control measures as related to the progress of
the project, including starting and completion dates.
e.
All proposed revisions of data required shall be submitted for approval.
f.
A map showing the contours of the land prior to disturbance and the
proposed contours to be created, prepared in accordance with the standard
engineering practices, now can be completed.
g.
Any and all other information or documentation required by the District
in evaluating the plan. Required information is listed in detail on
the standard application form provided by the State Soil Conservation
Committee.
[Ord. No. 02-60-OA § 1]
The fees charged shall be in accordance with the fee schedule
adopted by the District and approved by the State Soil Conservation
Committee and shall bear a reasonable relationship to the cost of
rendering such services.
[Ord. No. 02-60-OA § 1]
a.
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction, be punishable in accordance
with N.J.S.A. 4:24-53.
b.
The violation of any provision of this section shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
[Ord. No. 02-60-OA § 1; Ord. No. 2014-18-OAB]
The following activities are specifically exempt from this section:
a.
Use of land for gardening primarily for home consumption.
b.
Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the Local Soil Conservation District
or when it is determined by the Local Soil Conservation District that
such use will not cause excessive erosion and sedimentation.
c.
Clearing on a lot upon which an existing residential dwelling is
located in order to construct a partial addition or accessory structure.
d.
Land disturbance permitted under Section 30-2 entitled Soil Removal of the Revised General Ordinances of the Township of Berkeley.
e.
Applications for residential homes that result in less than 5,000
square feet of soil disturbance.
[Ord. No. 02-60-OA § 1]
a.
The requirements of this section shall be enforced by the District, which shall also inspect or require adequate inspection of the work. If the District finds there are existing conditions not as stated in the applicant's erosion and sediment control plan, it may refuse to approve further work and may require necessary erosion and sedimentation control measures to be promptly installed or applied and/or may seek other penalties as herein provided, including the issuance of a stop-work order or other penalties cited in N.J.S.A. 4:24-53. If land disturbance occurs which is subject to the provisions of this section and no certification has been obtained, the District may issue a stop-work order and require the owner of the property to apply for the necessary certification, and if the certification is denied, the owner of the property shall be responsible for reforestation of the disturbed site in accordance with the requirements of Chapter 35, Land Development, or for the installation of permanent measures to control soil erosion and sedimentation as determined by the Ocean County Soil Conservation District.
[1974 Code § 116-1; Ord. No. 190; Ord. No. 248]
Nothing in this chapter shall be construed to be in conflict with or supersede Chapter 35, Land Development. It is intended and specifically provided herein that all applicants for any special use permit under the Zoning Ordinance shall, after they get such special use permit, then and thereafter comply with the terms and provisions of this section. However, no application for a license shall be made under this section until after the special use permit has been granted for the same premises under the Zoning Ordinance.
[1974 Code § 116-2; Ord. No. 190; Ord. No. 248]
No application shall be made for a license hereunder, and no license shall be granted under this section, for any business or site which would be in conflict or noncompliance with any provision of Chapter 35, Land Development.
[1974 Code § 116-3; Ord. No. 190; Ord. No. 248; Ord. No. 01-21-OAB]
a.
General Provisions. No business of excavation, removal and sale or
other disposition of soil, gravel, sand, stone and mineral deposits,
or any one or combination of them, shall be started or operated in
the Township, in the County of Ocean, unless and until an annual license
is acquired from the municipality therefor.
[1974 Code § 116-4; Ord. No. 190; Ord. No. 248]
No original application for such license shall be made until the applicant has acquired a special use permit for the site under the provisions of the Zoning Ordinance. However, an applicant for a license may make an application for renewal of the annual license hereunder for the same site as long as the special use permit is in effect and the licensee complies with all terms and provisions in this chapter and in Chapter 35, Land Development.
[1974 Code § 116-5; Ord. No. 190; Ord. No. 248]
Application for a license under this section must be accompanied by the special use permit acquired for the same site under Chapter 35, Land Development, or a certified copy of the permit and by the annual license fee in cash or its equivalent.
[1974 Code § 116-6; Ord. No. 190; Ord. No. 248]
Application for all licenses shall be made on forms furnished
by the Township. The form shall be executed and filed by the applicant
with the Township Clerk, together with the annual license fee and
a certified copy of the special use permit.
a.
The first application for any gravel pit license shall be accompanied
by a map of the premises to be licensed, showing the exterior of the
premises; the official tax map, lot and block number or numbers; the
presently existing contour lines and drainage plan showing where runoff
will be discharged after excavation is completed; grades and proposed
grades of the area to be licensed, etc., together with any additional
areas that the applicant may desire to have included; and the proposed
eventual contour lines and grades resulting from the proposed removal
of any natural mineral deposits and substances from the area shown
on the map, the same to be subject to the approval of the Township
Engineer. Where an area greater than the proposed licensed area is
shown on the map, then the area to be licensed at the time of application
shall be clearly defined; however, the Township Council reserves the
right to approve all or part of the area as determined by it at the
time of the approval of the proposed contour lines and grades as shown
on the map.
b.
Upon application for renewal of an existing gravel pit license, the applicant shall submit a map showing the area of the premises to be licensed during the ensuing calendar year, the existing grades at the time of such renewal application and other information to show that the conditions set forth by the licensee in the original and subsequent renewal applications have been adhered to. The map shall contain a certification by the applicant and shall be accompanied by a surety bond that any excavation or removal of deposits or substances shall not cause the proposed contour lines or grades on the original map to be exceeded in depth and that the terms and conditions of this chapter and Chapter 35, Land Development, shall not be violated.
[1974 Code § 116-7; Ord. No. 190; Ord. No. 248]
In the event that the Township Committee rejects an application
for a license or refuses to grant a license, it shall deduct from
the fee tendered the sum of up to $50 for any inspection expenses
and services to which the Township has been put in having the map
of plan, application and any other submitted data inspected and checked
by its Township Attorney, Township Engineer and other officials, or
any of them. All such charges shall be and remain municipal funds
for the use and benefit of the Township.
[1974 Code § 116-8; Ord. No. 190; Ord. No. 248]
Upon the Township Council failing or refusing to grant an application
for a license, the applicant may, within 30 days after a notice of
such failure or refusal, make written application to the Township
Council for an opportunity to be heard by the Township Council. Such
hearing shall be public in nature and shall be held within 30 days
after written application made for same unless for good cause same
shall be adjourned beyond that time. The Township Council shall, in
consideration of and in reviewing the application and in arriving
at its final decision, be guided by and take into consideration the
public health, safety and general welfare.
[1974 Code § 116-9; Ord. No. 190; Ord. No. 248]
If, after examining the application and the accompanying map
or maps provided for as above, and after the hearing, if any, the
Township Council decides that the proposed removal will not create
conditions inimical to the public health, welfare and safety, a written
license for the remainder of the current year shall be granted under
the terms and conditions of this section. The first year's license
fee shall be prorated on the basis which the part of the calendar
year remaining bears to the annual license fee hereinafter named.
[1974 Code § 116-10; Ord. No. 190; Ord. No. 248]
a.
Subsequent annual licenses may be granted to the same licensee for the same premises upon the payment of the proper annual license fee until the mining operation on the same premises has been completed or until the license has been suspended or revoked, provided that the licensee shall have complied with all of the terms and conditions of the ordinances and the directions of the Township Council and the Township Engineer as to the operation of the business and licensed premises in the meantime, as well as the terms of Chapter 35, Land Development and this section.
b.
Prior to the expiration of an annual license, and while an applicant
is diligently applying for a renewal of an annual license, the applicant
may request an extension of a current annual license for a period
not exceeding 30 days. The extension request, with an application
fee of $200 shall be forwarded to the Township Council for its decision.
The Township Council shall consult with the Township Engineer for
his advice and recommendations. Only premises which are already licensed
may be the subject matter of such an extension request. The fee of
$200 shall be for administrative costs and shall be over and above
any of the costs required for the renewal of the annual license. The
application fee of $200 shall not be refundable to the applicant whether
the extension is granted or not.
[1974 Code § 116-11; Ord. No. 190; Ord. No. 248; Ord. No. 369; Ord. No.
492; Ord. No. 524]
a.
Prior to the commencement of mining or excavation operations under
a license or permit issued pursuant to this chapter, the overburden
or topsoil, which for the purposes of this chapter shall be defined
as the upper six inches to 10 inches of soil, shall be stripped and
stockpiled on the premises. At the conclusion of the mining or excavation
operation, or when 1/4 of the area for which a license or permit has
been issued, has been mined or excavated to the planned grade, which
occurs first, such topsoil shall be respread over the mine or excavated
areas, including slopes, to a depth of four inches and capable of
supporting a cover crop. A cover of suitable mixture of grasses and/or
legumes shall be established in accordance with the standard for permanent
vegetative cover in the Standards for Soil Erosion and Sediment Control
in New Jersey. Species shall be those listed in the standard, based
on site condition, or other species as recommended by the Ocean County
Soil Conservation District. In addition, the land shall be reforested
so that there will be a minimum of 100 tree seedlings per acre surviving
after one year. Seedlings shall be in a grid pattern of approximately
twenty-foot centers. Species of seedling will be those as recommended,
in writing by the Ocean County Soil Conservation District.
b.
Prior to respreading the overburden or topsoil, the licensee or permittee
shall grade the mined or excavated area to eliminate any depression
in which water can accumulate and stagnate. The licensee or permittee
shall also grade the sides of the mined or excavated area so that
a slope of four feet horizontal to each one foot of depth of the excavation
remains.
[1974 Code § 116-12; Ord. No. 190; Ord. No. 248; Ord. No. 478]
a.
Before any license is granted hereunder, the applicant for such license
shall file with the Township Council a bond or cash deposit. The bond
shall be in form acceptable to the Township Council and shall be the
bond of a reputable surety company authorized to do business in the
State of New Jersey. The bond shall guarantee that the premises to
be licensed by the applicant shall be restored in accordance with
the provisions of this section. The expiration date of the bond shall
in no event be less than one year after the expiration date of the
license applied for. The amount of the bond shall be determined by
the Township Engineer and the estimate shall be attached to the bond
itself or submitted with any cash deposit. In no event shall the bond
estimate be less than an amount equal to $1,500 per acre for the premises
for which a license is sought.
b.
In the event that the licensed property or premises is not restored
in accordance with the provisions of this section, the Township Council
shall serve written notice upon the licensee and the Township shall
reserve the right to restore the licensed property or premises in
accordance with this section by using any cash deposit or the proceeds
from any bond filed with the Township.
c.
In the event that a licensee under this section does not renew his
license within 30 days of the expiration of his license, it shall
be mandatory for such person, corporation or other entity to immediately
commence restoration of the previously licensed property or premises
in accordance with the provisions of this section, or such person,
corporation or other entity shall be liable to prosecution under the
penalty provisions of this section.
[1974 Code § 116-13; Ord. No. 190; Ord. No. 248]
This chapter shall not apply to the following work or under
the following conditions:
a.
Excavations for cellars, basements, foundations, footings, cesspools
or septic tanks where an existing valid building permit and plumbing
permit have been issued to the person or persons responsible for the
excavation.
b.
Where an owner, lessee or buyer under contract desires to bring down
to street grade a plot of ground for which a valid building permit
has been issued, provided that the plot of ground is not of an area
greater than 10 times the habitable floor area of the proposed structure
covered by the building permit in force.
c.
Where an owner, lessee or buyer under contract desires to grade property
without removal of any soil, sand, gravel, stone or mineral deposits
from the property.
[1974 Code § 116-14; Ord. No. 190; Ord. No. 248; Ord. No. 369]
The annual license fee for the license required by this section
shall be as follows:
[1974 Code § 116-15; Ord. No. 190; Ord. No. 248; Ord. No. 369]
No license shall be granted which will permit a licensee to,
and no licensee shall:
a.
Engage in the business referred to in subsection 30-2.3 hereof unless the applicant for the license or the licensee is the owner of the lands from which the mineral deposits or substances are proposed to be removed, or unless he has filed with the Township Clerk a written consent of the owner of the land to allow him to remove the mineral deposits or substances. If the applicant for the license is the owner of the land, he shall state such in his application, and if a consent is required hereunder, it shall accompany the application to be filed with the Township Clerk.
b.
Commence or continue the operation for the removal of any sand, stone,
gravel, mineral deposit or any combination of any two or more of them
from any land until the license fee elsewhere in this chapter specified
has been paid to the Township and until the appropriate license or
permit therefor has been issued.
c.
Begin to operate and engage in the business until the Township Engineer
has caused the corners and exterior lines of the licensed premises
to be staked and marked or has approved same so that the licensed
area shall be clearly designated and in order that no public highway
or private property of another shall be endangered by the proposed
business. If the licensee desires the Township Engineer to so stake
and mark the area, the licensee shall pay the Township Engineer for
his services in so doing. If the licensee desires, he may have any
licensed New Jersey land surveyor stake and mark the area; provided
that if such procedure is followed, the Township Engineer shall check
the field work and approve same to the Township Council.
d.
Prevent or attempt to prevent or hinder the Township Council or any
of its designated employees or servants from viewing, checking and
examining the licensed premises at any reasonable time.
e.
Remove or permit to be removed or obliterated any stake or marking.
If any of the stakes or markings are removed or destroyed, same shall
be promptly replaced by the licensee. The intent of this provision
is that the stakes and markings shall be maintained at all times on
the licensed premises by the licensee.
f.
Permit any child or children upon his licensed premises or do anything
to permit or cause the licensed premises to be or continue as an attractive
nuisance to children. All licensees shall make all reasonable efforts
to prevent trespassers from entering upon, passing through or using
the licensed premises.
g.
Construe his license to cover any other area or parcel of land than
the area, lot or parcel described in his license.
h.
Bury or cause to be buried on the licensed premises any logs, stumps,
branches, brush, leaves or rubbish of any sort.
i.
Attempt in any manner to assign or transfer in any manner any license
or permit issued pursuant to this section to any person, firm or corporation
unless such person, firm or corporation has made application for such
class of license or permit and obtained approval of such application
by the Governing Body of the Township.
j.
Permit any other person, firm or corporation, as principal, to conduct
operations under any license or permit issued pursuant to this section.
k.
Remove or relocate any sand, stone, gravel, soil or other mineral
deposit from any land unless and until all taxes on the land shall
have been paid.
[1974 Code § 116-16; Ord. No. 190; Ord. No. 248]
The Township Engineer shall visit, examine and check each licensed
premises as often as necessary to make certain that the provisions
of this section are being observed at all licensed premises and by
all licensees. If any infraction is found by the Township Engineer,
he shall promptly report same in writing to the Township Council.
[1974 Code § 116-17; Ord. No. 190; Ord. No. 248]
a.
No licensee shall operate the licensed premises in such a manner
that any natural stream of water shall be interfered with or have
its course altered to the detriment of any person or landowner. No
licensee shall substantially alter, change or interfere with any natural
watershed or natural surface-water course without the approval of
the Township. No licensee shall detrimentally interfere with or affect
the natural drainage of any land other than that licensed hereunder.
b.
No licensee, except a licensee who has in fact been in operation
prior to the date of passage of this chapter where the dredging has
been to a depth of more than 20 feet, shall excavate or dig below
the existing water table. No licensee shall dig or excavate within
300 feet from the site of any dedicated street. A dedicated street
shall be considered as any street which is open to the public, as
well as any street which is listed on a map on file in the County
Clerk's office.
[1974 Code § 116-18; Ord. No. 190; Ord. No. 248]
The terms "lot" and "block" as used in this chapter shall refer
to the lot and block designated on the official tax map of this Township.
[1974 Code § 116-19; Ord. No. 190; Ord. No. 248]
Any substantial infraction of any of the provisions of this
section shall be sufficient grounds to enable the Township Council,
after a public hearing upon reasonable written notice, to suspend
or revoke any license or permit issued under the terms of this section.
[1974 Code § 116-20; Ord. No. 190; Ord. No. 248]
a.
In any area, location or zone of Berkeley Township where a landowner,
tenant or other interested party desires to excavate 1,000 or less
cubic yards of sand, gravel, soil, topsoil, stone or mineral deposits,
or combination of any two or more of them, from a parcel of land or
from two or more contiguous parcels of land, but where the primary
purpose of such excavation is to grade the property and none of such
material shall be sold or bartered, then no license shall be required;
but if such material is to be removed from the property, a temporary
permit shall be obtained before such removal or excavation. Each temporary
permit shall expire on the last day of the calendar year of its issuance.
It may be renewed only once. The minimum fee for such permit shall
be $50. If the area of the parcel to be so graded is more than two
acres in size, the fee shall be, in addition to the $50 minimum, the
further sum of $20 per acre or fractional part thereof over the first
two acres. The applicant for such permit shall file a written application
therefor with the Township Clerk and accompany such application with:
1.
The written consent of the landowner if the applicant is other than
the landowner.
2.
The necessary fee, as required above.
3.
A written statement of how much time will be required to complete
the proposed grading of the land.
4.
A contour of other map showing present grade and proposed grade of
the premises in question, after the operation shall be completed,
adjacent or the nearest public highways and all adjacent properties
within 300 feet of the premises in question, using numbers of lots
and blocks as shown on the official tax map for all land referred
to thereon. On one or more of the maps or in other written data accompanying
the map or maps, the applicant shall show drainage problems that will
be created as a result of the proposed removal and how such problems
will be corrected by the landowner or applicant.
5.
A written statement setting forth what, if anything, is upon the
lands, such as buildings, trees, brush, building materials or otherwise,
and how the applicant proposes to dispose of such buildings and materials
as are on the lands. No lumber, building materials, debris, cut or
dead trees, stumps, brush or other waste shall be buried upon the
land for which a grading permit shall be granted.
6.
A map or plan showing that the completed, proposed excavated grade
shall be above the grade of adjacent or the nearest public highway
or highways except for cellar excavation where a building is proposed
to be constructed immediately thereafter.
7.
Where the completed grade of the premises in question will be below
the grade of adjacent land or lands owned by another, the bank or
banks of applicant's land shall be sloped four feet horizontal
to each one foot of depth so as not to endanger, erode or otherwise
damage the property of any other person or create a safety hazard
dangerous to any person on any of the lands.
b.
No person, firm or corporation shall remove any soil, sand, gravel,
stone or mineral deposits from any parcel of land where a permit is
required hereunder until such permit is acquired. No permit shall
be granted if it is apparent to the Township, its Governing Body or
Engineer that the proposed removal would create a danger or hazard
to any public highway or the property of another or would cause or
be likely to cause or create a drainage problem on the lands or adjacent
lands, a dust nuisance or a health or sanitary nuisance or a place
where stagnant water may accumulate.
c.
No person, firm or corporation shall fail to promptly remove the
materials from the land for which a permit is granted or fail to establish
the final grades of the premises in such form and manner as shown
on the application.
d.
Any person applying for a temporary permit under this section and
who sells or offers to sell or barter for the mineral deposits to
the amount of 1,000 cubic yards or less shall not be required to obtain
a special use permit.
[1974 Code § 116-21; Ord. No. 190; Ord. No. 248]
If any landowner, tenant or other interested party desires to
excavate less than 1,000 cubic yards of sand, gravel, soil, stone
or mineral deposits, or a combination of any two or more of them,
from any parcel of land, and shall not sell or barter them or offer
them for sale, and where the primary purpose of such excavation is
to grade the property, no permit nor special use permit shall be required.
[1974 Code § 116-22; Ord. No. 190; Ord. No. 248]
No person, persons, partnership, firms or corporations shall
sell or offer to sell or barter any soil, topsoil, sand, gravel, stone
or mineral deposits, or any one or combination of them, which have
been excavated or removed from lands within the Township, without
having first obtained a special use permit and a license under the
terms of this section.
[1974 Code § 116-23; Ord. No. 190; Ord. No. 248; Ord. No. 478; Ord. No.
88-43]
Any person, partnership, corporation or other entity who violates any provision of this section shall be subject to one or more of the penalties as stated in Chapter 1, Section 1-5. In the event that the Statutes of the State are amended to provide greater penalties, this section may be construed to authorize and permit the imposition of the maximum fine, imprisonment or community service. The purpose of this penalty clause is to provide the maximum penalty permitted by law.
