Sec. 185.507. - Penalties and remedies.

(a) A violation of this Part shall be unlawful and a class "D" offense, punishable by a fine of up to $500, imprisonment for not more than 60 days, or by both a fine and imprisonment. (b) When considering the imposition of either criminal or civil penalties for a violation of this Part, due consideration shall be given to the following factors: (1) The degree and materiality of the violation. (2) The good faith efforts of the violator to comply with the requirements of this Part. Evidence of a reasonable, good faith effort to comply with the provisions of this Part shall give rise to a presumption that the secondary metals recycler did not know the restricted regulated metals property was stolen and that the secondary metals recycler is in compliance with this ordinance and did not have the intent to deal in stolen property or violate this Part. (3) The history of previous violations by the secondary metals recycler. (c) The City or the Sheriff may seek injunctive relief to enforce the provisions of this Part in any court of competent jurisdiction. (Ord. 2011-766-E, § 1)