Sec. 674.404. - Civil penalties; collection.

(a) In addition to any other penalty that may be imposed under this Part or by any other law, the Mayor may assess a civil penalty, based upon findings made by him, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the violator and the history of previous violations. A civil penalty is assessable in the following instances: (1) A member of the emergency preparedness organization who fails or refuses to perform a duty imposed upon him by an emergency preparedness plan or required of him by an order issued by the Mayor or issued at the direction of the Mayor, during an actual, impending, mock or practice disaster, may be assessed a civil penalty not exceeding $1,000. (2) A member of the emergency preparedness organization who fails or refuses to go to his assigned place of duty during an actual, impending, mock or practice disaster or, having gone to his place of duty, to remain there until and unless relieved, dismissed or reassigned by competent authority may be assessed a civil penalty not exceeding $750. (3) A member of the emergency preparedness organization who fails or refuses to participate in or to perform his assigned duties as a member of an emergency preparedness support force within or without the City, or to go outside the City as a member of an emergency preparedness support force, during an actual, impending, mock or practice disaster, may be assessed a civil penalty not exceeding $500. (4) A person who fails or refuses to obey, observe or enforce the provisions of an order, directive or regulation issued by the Mayor or issued at the direction of the Mayor pursuant to his emergency powers under Section 674.207 , Section 674.303 or Section 674.304 may be assessed a civil penalty not exceeding $500. (5) A member of the emergency preparedness organization who fails or refuses to obey an order made or applicable to him by a superior member of the emergency preparedness organization, when that part of the emergency preparedness organization to which he is assigned or reassigned has been activated pursuant to Section 674.203 (d), may be assessed a civil penalty not exceeding $300. (6) A member of the emergency preparedness organization who says or does anything that brings discredit or reflects adversely upon the emergency preparedness organization or that is calculated to humiliate, ridicule or insult the emergency preparedness organization or any other member thereof or to cause dissension within or disruption of the emergency preparedness organization, or the members thereof, or the emergency preparedness plan, during an actual, impending, mock or practice disaster, may be assessed a civil penalty not exceeding $250. (b) A civil penalty assessed and owed under this Section shall be payable to the Tax Collector and shall be received into the General Fund—General Services District as miscellaneous receipts and may be collected in a civil action in the name of the City. (Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 94-1272-768, § 4) Note— Former § 430.404.