It shall be unlawful for any person or corporation
or business entity to permit the erection or construction of a structurally
rigid, fixed-position awning or sunshade or any type of canopy or
marquee or other ornamental, roof-like covering over any public sidewalk
or drive or over any private sidewalk or drive leading to a public
way in the village where the same is visible from any public street.
Nevertheless, it shall be permitted to erect or construct a permanently
fixed roll-type fabric awning situated over any sidewalk or drive
in the village, provided that a permit therefor is obtained from the
Village Clerk. The fee for such permit shall be as set forth from
time to time by resolution of the Board of Trustees. No permit shall
be issued pursuant to this section for any awning or sunshade which
does not conform to the following requirements.
A.
Criminal penalty. Any person who violates any provision
of this article shall, upon conviction thereof, be subject to a fine
not to exceed $250 or to imprisonment for a term not to exceed 15
days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this article.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this article
nor a judgment in or the pendency of a civil action of law or in equity
shall be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this
article shall not excuse the violation or permit it to continue, and
the remedies herein provided for penalties and civil action to enjoin
or abate a violation shall be cumulative.