The following words, terms and phrases used in this article shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

ABANDONED VEHICLE: Any vehicle to which the last registered owner of record has relinquished all further dominion and control, or has not exercised dominion and control for such a period of time as to be deemed to have relinquished the same.

BULKY WASTE: Discarded or stored inoperative household appliances, furniture or equipment no longer actively used for its original or manufactured purpose, junk lumber and other building demolition debris, parts of machinery and equipment, including tires and similar waste not ordinarily collected with compactor equipment.

CITY: The City of Garnett, Anderson County, Kansas.

CITY MANAGER: The City Manager of the City of Garnett, Kansas, and includes his deputy, delegate, alternate or appointee

COMMERCIAL WASTE: All solid waste emanating from establishments engaged in business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes, but shall not include hazardous wastes.

CONTROL MEASURES: Any chemical, structural or physical procedures or processes designed to eradicate, minimize, prevent or otherwise limit the reproduction or infestation of insects and rodents detrimental to community health.

DWELLING UNIT: Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters.

GARBAGE: Putrescible waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods, and shall include unclean containers.

HAZARDOUS WASTES: Hazardous wastes are materials of any kind, liquid or solid, which may present a special hazard to collection or disposal personnel or equipment or to the public and include, but are not limited to, explosive materials; rags or other wastes soaked in volatile or inflammable materials; drugs, poisons, radioactive materials, and highly combustible materials, soiled dressings, clothing, bedding or other wastes contaminated by infectious or contagious diseases, bacteria or other organisms.

INOPERABLE VEHICLE: Any vehicle which because of mechanical defects, a wrecked or partially wrecked frame or body or dismantled parts cannot be operated in a normal and safe manner. Any vehicle which has been inoperative for a period of ten (10) days shall constitute a prima facie presumption that such vehicle is inoperable.

MULTI-FAMILY UNIT: Any structure containing more than four (4) individual dwelling units.

PERSON: Person shall include every real person and every firm, copartnership, joint venture, association, corporation, lodge, society, organization or any other combination of real persons, whether recognized in law as a separate entity or not.

REFUSE: All garbage, rubbish, trash or waste materials.

RESIDENTIAL: Any structure containing four (4) or fewer individual dwelling units, rooming houses having no more than four (4) persons in addition to the family of the owner or operator, and mobile homes.

RODENT: The so-called domestic rat, Rattus norvegicus and Rattus rattus, and domestic mouse, Musmusculus, and wild native rodents associated with the transmission of disease or causing nuisance to man or other animals.

RUBBISH OR TRASH: All nonputrescible waste materials, including, but not limited to, paper, tin cans, bottles, glass, crockery, rags, ashes, bulky wastes, boxes and barrels, wood and excelsior, street sweepings, and mineral refuse. Rubbish or trash shall not include:

(a)   Earth and waste from building operations;

(b)   Wastes from industrial processes or manufacturing operations;

(c)   Hazardous wastes;

(d)   Yard wastes; or

(e)   Salvage materials.

SALVAGE MATERIAL: Any:

(a)   Used merchandise stored or kept for sale or resale either as a whole or as a part of another assembly;

(b)   Disassembled or whole wrecked or used vehicles stored or kept for reuse or sale as vehicle parts; or

(c)   Various kinds of metal, wooden, plastic or other similar materials used or capable of being used as building materials.

SITE SCREENING: Decorative fencing, evergreen vegetation or landscaped earth berms maintained for the purpose of concealing from view the area behind such fence, evergreen vegetation or berms. When fencing is used for screening, it shall not be less than six feet (6’) in height.

SOLID WASTE: All nonliquid refuse.

VEHICLE: A machine propelled by power other than human power that is designed to travel along the ground by use of wheels, treads, runners or slides or other devices.

YARD WASTE: The cuttings, clippings, trimmings or fallen flowers, blooms, fruit, leaves, fronds, or needles of trees, shrubs, grasses and forbs; the whole or any plant removed or cut from any yard or garden, including what is commonly called brush.

(Code 1961, 7-2-1; Ord. 3275; Code 2023)

(a)   The city shall collect, convey and dispose of all solid waste generated within the corporate limits of said city. Solid waste collectors employed by the city are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this article. Solid waste in residential areas shall be collected not less than once weekly. Commercial solid waste shall be collected at intervals which shall be fixed by the City Manager.

(b)   No person shall interfere, directly or indirectly, in any manner with employees of the city in the collection of refuse.

(Code 1961, 7-2-3; Ord. 2298; Code 2023)

(a)   The owner or occupant of every dwelling unit or commercial enterprise shall provide, at his own expense, a suitable container for the storage of solid waste; provided, however, that where special commercial containers are provided by the city they may be leased at a monthly fee fixed by the City Manager, subject to approval of the Governing Body.

(b)   Residential containers shall not have a capacity of more than thirty (30) gallons. They shall be of galvanized iron or other nonrusting material of substantial construction. Each container shall have a tight-fitting lid and shall be leak-proof and fly tight. All containers shall have handles of suitable construction to permit lifting; provided, however, that plastic bags of not less than one and five-tenths (1.5) mils in thickness may be substituted for the containers as set forth above; and, provided further, that plastic bags, when used, shall be securely closed.

(c)   Containers for commercial waste shall be of such size and construction as shall be determined by the City Manager, giving due regard to the quantity and nature of commercial wastes to be stored therein and collected therefrom.

(d)   Baskets, boxes and noncomplying refuse or garbage cans shall be considered disposable refuse and may be removed by the city, if they are the proper size and otherwise acceptable for collection; or shall be left uncollected if they are larger than the allowable size or otherwise unacceptable for collection, after having given notice to the users thereof.

(e)   All solid waste containers shall be stored on the premises at which such wastes are accumulated and such containers shall be located adjacent to the alley of the premises, or if there is no alley, within fifteen feet (15’) of the owner’s property line adjacent to a public street or highway; provided, however, nothing herein shall be construed to prevent two (2) or more commercial accounts whose premises are adjacent from jointly using one container or bin.

(Code 1961, 7-2-3; Ord. 2298; Code 2023)

Within the corporate limits of the city, all garbage or refuse consisting of waste, animal and vegetable matter which may attract flies, dogs or rodents shall be drained of all excess liquid, wrapped in paper or disposable containers, and placed or stored until collected in covered or suitable containers as set forth in section 15-1203.

(Code 1961, 7-2-4; Ord. 2298; Code 2023)

(a)   Bulky wastes; vehicle bodies or frames or any major subassembly thereof which cannot be reduced to fit approved containers; and rocks, dirt, sod, concrete and building materials shall be disposed of only in sites and in the manner approved by the City Manager and state or federal regulations; and will be collected only when prior arrangements have been made with the City Manager.

(b)   Yard waste shall be collected only when segregated from all other wastes and when prior arrangements have been made with the City Manager or in accordance with any special program for the periodic collection and disposal of such wastes.

(c)   Empty cardboard boxes shall be flattened prior to collection. No trash, other than books or papers shall be placed in cardboard containers for collection.

(d)   Any abandoned or inoperable vehicle kept in violation of this article shall, after ten (10) days’ advance notice to either the property owner or the occupant of the premises upon which the vehicle is being kept and to the registered owner of the said vehicle (if through reasonable means such owner’s name and address can be determined) to remove the same, be declared by the City Manager a nuisance for the purpose of complying with K.S.A. 12-1617e(b) thereby permitting the city to remove and abate the same from the property. Disposition of such vehicle shall thereafter be made in compliance with the procedures for impoundment, notice and public auction established in K.S.A. 8-1102(a)(2) and amendments thereto. However, nothing in this subsection shall prevent the premises owner or occupant, or the vehicle owner, from being cited in municipal court for such violation in addition to removal and abatement thereof; nor shall the prior issuance of such a citation be a defense or bar to the abatement and removal procedure. And, provided further, removing any vehicle to another location within the city shall not have the effect of extending the notice period provided in this subsection, unless the ownership of any such vehicle is transferred and a new certificate of title issued or applied for.

(Code 1961, 7-2-5; Ord. 3275; Ord. 3485; Code 2023)

(a)   No person shall deposit in a garbage or refuse container, or otherwise offer for collection, any hazardous waste, except as provided in this section.

(b)   Hazardous wastes generated by residential customers will be collected by the city for an additional charge covering the cost of such collection to be borne by said customer; provided, prior arrangements must have been made with the City Manager for such collection. Rates for collection of residential hazardous waste shall be set by the City Manager, giving due regard to the nature and quantity of the waste to be collected, the location and accessibility of its storage, the method of disposal required, and any other like factors.

(c)   Hazardous commercial wastes will be collected by the city after prior arrangements have been made with the City Manager. Commercial customers regularly generating hazardous wastes and requiring regular collection and removal thereof shall be charged for such service by the inclusion of the costs thereof in its regular monthly service charge as determined under this article. Other commercial customers generating hazardous wastes collected and disposed of by the city shall be assessed an additional charge for such services as shall be set by the City Manager, giving due regard to the nature and quantity of the waste to be collected, the location and accessibility of its storage, the method of disposal required, and any other like factors.

(d)   Hazardous wastes shall be stored in containers and at such locations as are approved by the City Manager. In no case shall hazardous wastes be commingled or stored in the same container with any other refuse.

(Code 1961, 7-2-6; Ord. 2298; Code 2023)

Title to refuse materials, when placed in containers by the occupants or owners of the premises upon which the same are located, shall be vested in the city and shall, thereafter, be subject to the exclusive control of the city and its employees and no person shall meddle with refuse containers or in any way pilfer or scatter the contents thereof in any alley, street, public easement or other public property within the corporate limits of the city.

(Code 1961, 7-2-7; Ord. 2298; Code 2023)

(a)   Except as provided in this section, no person shall store, collect, maintain or display on private property refuse or garbage except in approved containers; or if the quantity or bulk thereof is too great for such containers, then neatly stacked, tied and bound or otherwise confined so as to prevent blowing or other spreading onto private or public property and in proximity to the site of collection along street or alleyway.

(b)   No person shall store, collect, maintain or permit to accumulate any quantity of refuse, paper, trash, ashes or other waste material within or in proximity to any building or structure within the city, unless the same shall be stored in approved containers in such a manner as not to create a fire hazard.

(c)   No person shall store, collect, maintain or permit to accumulate on any property any yard waste unless the same is neatly piled or stacked. The same shall be piled or stacked in such a manner as not to create a fire hazard to any structure.

(d)   No owner or occupant of any dwelling shall store or dispose of any abandoned or inoperable motor vehicle, salvage material, bulky waste, junk or discarded materials on such property unless accumulated, stored and kept within the principal building or any fully enclosed outbuilding or structure and then only so long as such accumulation, storage or keeping is not in violation of any other ordinance or part of this code. The accumulation, storage and keeping of such materials elsewhere on the premises or upon any vacant residential lot shall be permitted only in accordance with this subsection. The owner or occupant thereof shall keep the premises free of litter, refuse, salvage material and junk. Provided, however:

(1)   Building materials to be used within one hundred eighty (180) days for construction on the premises, if properly authorized by a building permit, may be kept on such premises if stored at least eighteen inches (18”) off the ground and not closer than forty-eight inches (48”) to a wall or fence. For good cause shown, the City Manager may approve lesser distances;

(2)   An inoperable motor vehicle may be kept or stored in a garage with a door which is kept closed except as necessary to permit ingress thereto or egress therefrom, and so long as such keeping is not in violation of any other ordinance or part of this code; and

(3)   Any vehicle temporarily inoperable but in the process of being repaired or restored to an operational state may be kept outside of a garage on a residential premises for a period of not to exceed thirty (30) days. For good cause shown, the City Manager may extend this period one time for up to an additional fourteen (14) days. Removing any vehicle to another location within the city shall not have the effect of extending this period, unless the ownership of any such vehicle is transferred and a new certificate of title issued or applied for.

(e)   All junk, bulky waste, salvage material or other discarded materials used in connection with a bona fide business in a properly zoned area of the city may be accumulated, stored and kept within the main business building or any fully enclosed outbuilding or structure so long as such accumulation, storage or keeping is not in violation of any other ordinance or part of this code. The accumulation, storage and keeping of such materials elsewhere on the premises shall be permitted only in accordance with this subsection.

(1)   All rackable salvage material shall be stored on racks or bins with at least eighteen inches (18”) of clearance between the bottom of the rack or bin and the ground and in a width of forty-eight inches (48”) or less. No rack or bin shall be closer than forty-eight inches (48”) to any wall, fence or adjacent bin or rack.

(2)   Nonrackable material shall be stored with an exposed perimeter or in a manner specified by the City Manager so as to prevent rodent harborage and breeding.

(3)   All ground surfaces except lawn areas of the business shall be kept free of all grasses and weeds, using soil sterilants, herbicides or other effective methods.

(4)   An effective continuous rodent poisoning program using anticoagulant rodenticides or other effective methods shall be maintained at all times where such materials are stored.

(5)   Each business storing such materials on the date of adoption of these provisions shall within ninety (90) days provide the City Manager a site screening plan acceptable to the City Manager and then shall proceed to implement said plan within one year of the effective date hereof. A business initiating operations which include storage of the above described materials subsequent to the passage hereof shall submit a site screening plan to the City Manager for approval and shall implement said approved plan prior to the actual commencement of storage of any such materials at the location of said business.

(f)   Every occupant of a single premises shall be responsible for the extermination of any insects, rodents or other vermin therein or upon the premises. Wherever two (2) or more occupants are in the same building, the owner or operator of the building shall be responsible for such extermination.

(g)   Site screening as required in this section shall not be sufficient with vegetative screening materials alone, but vegetation may be incorporated and supplement such screening program. All screening that is considered a structure shall comply with all applicable zoning regulations and building and fire codes.

(h)   The City Manager is hereby expressly authorized to promulgate reasonable rules and regulations, as provided in section 15-1222, in order to carry out the enforcement of this section.

(Code 1961, 7-2-8; Ord. 3275; Ord. 3485; Code 2023)

No person shall bury refuse at any place within the city, or keep, place or deposit refuse on any public or private grounds or premises whatsoever, except in containers or receptacles for collections upon premises owned, occupied or under possession and control of such person; provided, however, that lawn and garden trimmings may be composted.

(Code 1961, 7-2-9; Ord. 2298; Code 2023)

(a)   No person shall burn any construction materials or refuse, especially refuse consisting of leather, rubber, plastic, organic material, or any other substance which produces odor within the city.

(b)   Commercial or industrial producers of any of the types of materials described in subsection (a) may obtain a permit for burning such materials in an approved type incinerator that is in compliance with all existing federal and state standards.

(c)   Brush, leaves and similar yard waste may be burned on premises other than at a time when there is a “fire ban” imposed by city, county or state officials. All such burning shall be conducted in a reasonable manner and the following rules shall be observed:

(1)   Before starting to burn, the law enforcement dispatch center shall be notified by telephone.

(2)   No fire shall be left unattended. All fires shall be completely extinguished before leaving the site unattended.

(3)   No burning shall occur in any public right of way. The site of such fire shall be clear of overhead utility lines and clear of any exposure threat to any structure.

(4)   A source of water or other adequate means of extinguishing the burn pile shall be available at all times of burning.

(5)   Burning shall occur only during daylight hours.

(d)   No person shall burn commercial wastes, hazardous wastes or garbage or burn in any manner contrary to subsection (a).

(e)   Nothing in this section shall be construed to prohibit the burning of wood, coal or other fuel in a residential fireplace or stove, nor the burning of wood, coal or charcoal for the purpose of cooking, whether inside or outside a dwelling.

(Code 1961, 7-2-10; Ord. 3905; Code 2023)

No person shall haul or cause to be hauled refuse of any kind, nor dispose of such refuse in any dumping place, site or area, within or without the corporate limits of the city, unless such place, site or area is a sanitary landfill site, transfer point or disposal facility approved by the Kansas state department of health; in addition, said place, site, area, transfer point or facility must comply with all applicable health and zoning ordinances of the city.

(Code 1961, 7-2-11 Ord. 2298; Code 2023)

No person shall throw, place, rake, deposit, dump, drop, spill or allow to accumulate, leave or cause to be thrown, placed, raked, deposited, dumped, dropped, spilled or left upon any sidewalk, gutter, street, alley, thoroughfare, park or other public grounds, or rights of way, or any city owned property, any litter, refuse or foreign materials, castoff machinery, abandoned automobile bodies, tires, junk, filth, dirt or refuse of any kind, except by depositing the same in containers provided specifically for such purpose.

(Code 1961, 7-2-12; Ord. 2298; Code 2023)

No person shall deposit or cause to be deposited solid waste in any container other than that owned or leased by him or under his control, without consent of such owner, and with the intent of avoiding payment of the refuse service charge.

(Code 1961, 7-2-13; Ord. 2298; Code 2023)

(a)   No person shall collect or haul over the streets, alleys or highways of the city any refuse or waste, unless such person shall have a permit from the city; provided, that this section shall not apply to departments of city government; provided further, that nothing in this section shall be construed to prevent a person from hauling or disposing of his own refuse, accumulated at his residence or business establishment, in such a manner as not to endanger the public health or safety, not to create a nuisance to the inhabitants of said city, and not to litter the streets, alleys or highways of said city, and after having obtained a permit from the City Clerk so to haul and dispose of his own refuse. Provided further, that such person shall have hauling equipment meeting Kansas state department of health requirements, and that the place and method of disposal used is in accordance with Kansas state department of health requirements.

(b)   Every person desiring to haul his own refuse shall first make written application to the City Clerk on a form provided by the city. Such form shall request the following: the name of such person, the residence address thereof or the address of the place of business, a description of the equipment to be used in the disposal of such refuse, the nature and approximate quantities of refuse to be hauled, the place of disposal, and the method of disposal to be practiced, and such other information as may reasonably assist the city in administering or enforcing this article. Upon approval of such application, the City Clerk shall issue an annual permit to the applicant. The annual permit fee shall be seventy-five dollars ($75.00), payable in advance to the City Clerk.

(c)   A permit issued under this section shall expire on December 31 of each year. The fee for permits issued for partial years shall not be prorated. Permits shall be renewable annually in the same manner and upon payment of the same annual fee as provided in subsection (b).

(Code 1961, 7-2-14; Ord. 3139; Code 2023)

The following fees shall be applicable for all bills for refuse service after March 1, 2022:

(a)   Residential Rates:

(1)   A refuse service charge of $18.60 per calendar month shall be levied against each residential dwelling unit within the corporate limits of the city for the collection and disposition of solid waste, as required by this article.

(2)   A refuse service charge of $24.80 per calendar month shall be levied against any residential dwelling unit outside the corporate limits of the city for the collection and disposition of the solid waste generated by such dwelling unit in any area where such collection service shall from time to time be offered. The existence of a rate schedule for service outside the corporate limits shall not be construed as a general offering of solid waste collection to areas outside the corporate limits, nor any guarantee to its continuation in areas where offered.

(b)   Commercial And Industrial Rates: A refuse charge of $18.60 per calendar month shall be levied against each commercial and industrial solid waste customer for the collection and distribution of not more than one cubic yard per month of solid waste, as required by this article. For each additional cubic yard of solid waste collected and disposed of per month, over and above one cubic yard for each such customer, the customer shall be charged an additional $3.75 per cubic yard.

(c)   Additional Pick Ups: Any solid waste customer requiring more than one pick up of solid waste per week shall be charged as follows:

(1)   The first additional pick up per week, an additional $10.00 per month.

(2)   Two (2) additional pickups per week, an additional $20.00 per month.

(3)   Three (3) additional pickups per week, an additional $30.00 per month.

(4)   Four (4) additional pickups per week, an additional $40.00 per month.

(d)   Rental Charges: Each commercial or industrial customer requiring a trash bin shall be furnished one by the city, and there shall be added to each customer’s account a monthly rental charge therefor as follows:

(1)   For each one cubic yard container, $8.50.

(2)   For each one and one-half cubic yard container, $9.00.

(3)   For each two (2) cubic yard container, $10.00.

(4)   For each three (3) cubic yard container, $16.25.

(5)   For each four (4) cubic yard container, $18.75.

(6)   For each six (6) cubic yard container, $25.00.

(Code 1961, 7-2-15; Ord. 3848; Ord. 4227; Code 2023)

A request for any city utility service shall automatically constitute a request for refuse service. A termination of such utility service shall automatically terminate refuse service; provided, however, that the absence of city utility service shall not relieve any owner or occupant of any residence, multi-family dwelling, or commercial enterprise from the responsibility of complying with the provisions of this article.

(Code 1961, 7-2-16; Ord. 2298; Code 2023)

Persons or households of which there are members having no refuse shall not be required to pay any service charge for refuse collection; however, every residential unit and every business or commercial establishment within the corporate limits of said city shall be presumed to generate solid waste and have refuse, unless clear and convincing proof to the contrary is furnished to the city.

(Code 1961, 7-2-17; Ord. 2298; Code 2023)

The following shall be applicable for all bills for refuse service after March 1, 2022:

(a)   Any person, at the time of beginning or terminating service, who receives service for a period of fewer than fifteen (15) consecutive days shall be billed at one-half (1/2) the rate for such service; for service of fifteen (15) or more consecutive days, the charge shall be at the full monthly rate.

(b)   Where collections are to be made to households of a single occupancy, such householder, regardless of age, shall be entitled to a special rate of $16.74 per month, which shall entitle said household to regular residential refuse collection and disposal services. It shall be the duty of any householder making application for exception under this subsection to furnish the city with sufficient proof, either by affidavit or otherwise, that he or she is entitled to such exception.

(Code 1961, 7-2-18; Ord. 3848; Ord. 4227; Code 2023)

The charges for municipal solid waste collection and charges for other municipal utility services are hereby declared to be parts of one debt to the city, insofar as the same affect any one customer or consumer, and the refusal or failure to pay all or any part of such debt for any monthly period of service shall render the entire account delinquent as with other utility services and as set forth in Article 7 of this chapter. Late payment charges now or hereafter provided for any delinquent utility account shall also be applicable to charges for municipal refuse collection and any disconnection of any other city utilities occasioned by the application of this section shall subject the customer or consumer to all utility reconnection and reinstatement fees applicable at such time. Failure of the city to exercise fully the provisions of this section in any one case or at any one time shall not bar their full exercise subsequently. Neither shall imposition of any penalty, late payment charge, reconnection or reinstatement fee, nor shall exercise of rights conferred hereunder bar the criminal prosecution for the violation of this article and, upon conviction in such a prosecution, the levying of a fine as provided in section 15-1223. However, nothing in this section shall be construed to deny any utility customer or consumer his rights to a hearing and notice thereof as provided in section 15-710.

(Code 1961, 7-2-19; Ord. 2462; Code 2023)

(a)   Nothing in this article shall prevent any person, with prior approval from the city, from encumbering the streets or alleys with building materials or earth as may be necessary for the purpose of construction, erection, adding to, remodeling or repairing any building or structure, or resulting from demolition operations; provided, however, that in the event of such encumbering of the alleys or streets, the contractor, owner or occupant shall remove any and all materials remaining within ten (10) days from the completion of the work and shall leave the said street or alley in the same condition as that they were prior to such use thereof.

(b)   Nothing elsewhere contained in this article shall be construed as prohibiting construction contractors, tree surgeons, roofers and other private contractors whose operations result in the accumulations of refuse, from hauling and disposing of accumulations of trash and rubbish resulting from their own operations, without having to obtain a special permit therefor, but always upon the condition that they shall at all times comply with the other provisions of this article.

(c)   In situations which are not contemplated or considered by the terms and conditions of this article, the City Manager shall have the power and the authority to grant special rights and privileges on a temporary basis for the collection, hauling and disposal of refuse where such special privileges are required in order to maintain the health and sanitation of the city and its inhabitants, or such right and privilege is required to avoid the creation or maintenance of a public nuisance.

(Code 1961, 7-2-20; Ord. 2298; Code 2023)

It shall be unlawful for any person to throw, push, place or pile, or cause to be thrown, pushed, placed or piled, any leaves, brush or other yard wastes from private property, sidewalks or driveways onto the main or traveled portion of any street, avenue, highway or alley so as to obstruct gutters or to impede the passage of vehicles upon such street, avenue, highway or alley, or to create a hazardous condition thereon.

(Code 1961, 7-2-21; Ord. 3151; Code 2023)

The City Manager is hereby authorized to promulgate reasonable rules and regulations, subject to approval by the Governing Body, necessary to carry out the provisions of this article.

(Code 1961, 7-2-22; Ord. 2298; Code 2023)

Any person violating any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00); provided, that each day’s violation shall be a separate offense.

(Code 1961, 7-2-23; Ord. 2298; Code 2023)