A. Criminal. Any person found guilty of violating this article shall be guilty of committing a Class 1 misdemeanor punishable by a fine not to exceed two thousand five hundred dollars ($2,500.00) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense.

B. Civil. In the alternative, the Town may pursue enforcement of this article by filing a civil action. In such instance, if a violation of any portion of the article occurs, a complaint shall be filed with the Town Magistrate Court and served upon the defendant by certified mail. At the violation hearing, the Town is required to prove the violation charged by a preponderance of the evidence. Technical rules of evidence do not apply except for statutory provisions relating to privileged communications. If the defendant is found to have violated any provision of this article, the magistrate shall impose a civil penalty of up to two thousand five hundred dollars ($2,500.00). In the event the defendant should fail to appear, the Town may seek judgment by default. Each day that the violation continues shall constitute a separate offense. ((O)07-01, 01/17/2007)