Sec. 388.308. - Penalties and Remedies.

(a) Notwithstanding Chapter 609 , any person owning, operating or having control of a vessel, in violation of 388.304 , other than a Derelict Vessel or an At-risk/Public Nuisance Vessel, in violation of this Part shall be guilty of a violation of this Part as a Class C offense, as described in Section 609.109 . The penalty for a second violation within three years shall be twice the amount of the first offender fine. The penalty for a third or subsequent violation within five years shall be three times the amount of the first offender fine. The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation, as described in Section 388.103 (l). (b) Notwithstanding Chapter 609 , any person owning, operating or having control of a Derelict Vessel in violation of this Part shall be guilty of a violation of this Part as a Class D offense, as described in Section 609.109 . The penalty for a subsequent violation within five years shall be twice the amount of the first offender fine. The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation, as described in Section 388.103 (l). (c) Notwithstanding Chapter 609 , any person owning, operating or having control of an At-risk/Public Nuisance Vessel in violation of this Part shall be guilty of a violation of this Part for which the civil penalty is: (1) For a first offense, $100. (2) For a second offense occurring 30 days or more after a first offense but within three years, $250. (3) For a third or subsequent offense occurring 30 days or more after a previous offense but within five years, $500. The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation, as described in Section 388.103 (l). (d) Notwithstanding Chapter 609 , any person owning, operating or having control of a vessel in violation of this Part which results in damage to the property of another shall be guilty of a violation of this Part as a Class E offense, as described in Section 609.109 . The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation, as described in Section 388.103 (l). (e) Adjudication of guilt shall not be withheld for any violation of this Part. (f) Each day during any portion of which a violation of this Part occurs shall constitute a separate offense. (g) As used in this subsection, all costs incurred by the City to abate the violation means as described in Section 388.103 (l). The City shall have the right to utilize any available method under the law to recover such costs. Recovered costs for abatement of a violation of this Part shall be deposited into the Derelict and Abandoned Vessel and Floating Structure Enforcement and Removal Trust Fund, Section 111.787 . (Ord. 2025-432-E , § 5)