Chapter 5.02BUSINESS LICENSE REQUIRED FOR ALL BUSINESSES

Sections:

5.02.010
Definitions.
5.02.015
Applicability.
5.02.020
Business License Required.
5.02.021
Purpose.
5.02.025
Interpretation of Chapter.
5.02.030
Separate Licenses Required.
5.02.040
Change in Business/License non-transferable.
5.02.050
Exemptions and Waivers.
5.02.055
Not for Profit Businesses and Organizations.
5.02.060
Application for License.
5.02.070
Fee.
5.02.080
General Qualifications of Licenses.
5.02.090
Investigations and Inspection.
5.02.100
Term of License/General and Temporary.
5.02.110
Posting of License.
5.02.120
Repealed.
5.02.130
Late Application Fee.
5.02.135
Temporary Business Reports.
5.02.140
Repealed.
5.02.150
Additional Rules and Regulations.
5.02.160
Inspections - Right of Entry.
5.02.170
Repealed.
5.02.171
Stay of Suspension or Revocation--Summary Suspension.
5.02.180
Notice and Order.
5.02.190
Appeal From Denial or From Notice or Order.
5.02.200
Repealed.
5.02.210
Continuation of License Upon Death of Licensee.
5.02.220
Assignment of Licenses.
5.02.230
Reasonable Costs.
5.02.240
Engaging in Business Without Payment of Fee.
5.02.250
Violations - Penalty - Remedies.
5.02.260
Separate Offenses.
5.02.010Definitions.

For purposes of this Ordinance, the following definitions shall apply:

A. “Business” includes all lawful activities engaged in with the object of gain, benefit, or advantage, directly or indirectly, whether part-time, full-time or seasonal.

B. “Carnival” as used in this Section shall mean any entertainment which includes side shows, games, amusement devices, riding devices, and/or refreshments.

C. “Circus” as used in this Section shall mean any entertainment which includes wild animals, acrobats, and/or clowns.

D. “Conviction” means an adjudication or conviction of guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceeding including but not limited to sentencing or disposition, post-trial or post-fact finding motions and appeals and also means a bail forfeiture and includes all instances in which a plea of nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended.

E. “Flea market” means and includes, but is not limited to, arrangements whereby a person or persons sell, lease, rent, offer or donate to one or more persons a place or area where such persons may offer or display second-hand or junk items. “Flea market” includes, but is not limited to, bazaars, rummage sales and swap meets.

F. “Person” means any individual, corporation, company, firm, joint stock company, partnership, limited liability entity, joint venture, trust, business trust, club, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit, or otherwise, receiver, administrator, executor, assignee, trustee in bankruptcy, or any other group or entity formed for the purpose of engaging in business.

G. “Public bathhouse” means any place where baths or facilities for baths of any kind whatever are given or furnished, including without limitation Finnish baths; Russian baths; sauna baths; Swedish baths; Turkish baths; hot tubs; baths by hot air, steam, vapor, water or electric cabinet or a combination of any of the foregoing; provided, that such term shall not include ordinary tub or shower baths, or any of the above-named baths where an attendant is not required.

H. “Temporary Business” means all business of a short term or transitory nature. In addition to those activities meeting this definition of a “temporary business,” the following business activities shall require a license issued under this chapter:

1. Any business which occupies a site or operates within the City for no more than seven days per occurrence twice within any 365-day period;

2. Roving mobile vendors involved in business such as door-to-door sales, sales from ice-cream trucks, or other businesses that do not have a fixed location.

3. Serving as a vendor at a flea market.

4. Operating a carnival or circus within the City (Ord. 610 § 2, 2015; Ord. 568 § 1 (part), 2013; Ord. 548 § 1 (part), 2012; Ord. 24 § 1, 1995.)

5.02.015Applicability.

The provisions of Title 5 shall apply to each and every business in the City as well as individuals conducting business in the City, whether stationary or mobile, ongoing or sporadic, permanent or temporary in nature. The requirements of this Title are in addition to any licensing requirements imposed by other jurisdictions. (Ord. 610 § 3, 2015.)

5.02.020Business License Required.

It is unlawful for any person to conduct, operate, engage in, or practice any business in the city that is conducted operated, engaged in, or practiced in whole or in part from real property located within the city, without first obtaining the appropriate general or temporary business license along with any applicable additional license required by this Title or other applicable local, state or federal law. (Ord. 610 § 4, 2015; Ord. 548 § 1 (part), 2012; Ord. 24 § 2, 1995.)

5.02.021Purpose.

The purpose of this Title is to:

1. Maintain the aesthetic attractiveness of the City;

2. Promote public safety and orderly movement of pedestrians and traffic within the City;

3. Protect the city’s business community by eliminating the inequity faced by stationary and permanent businesses that compete with itinerant and temporary businesses who may be operating without city business licenses and outside the regulatory authority of the city, which unfair competition threatens to erode city tax revenues and undermine the strength of its commercial life;

4. Reduce the potential for urban blight by encouraging development of permanent structures from which businesses can operate in the city;

5. Establish better recordkeeping and data collection practices which can assist police in improving safety and reducing crime throughout the city; and

6. Promote compliance with relevant building, fire, health and safety codes by those who wish to conduct business in the City of Lakewood. (Ord. 610 § 5, 2015.)

5.02.025Interpretation of Chapter.

This Title shall be interpreted liberally in order to accomplish the overall purpose of the Title and work in concert with other sections of the Code including the use of the nuisance and abatement processes where applicable. Where this Title and other Code sections are in conflict this Title shall prevail. Provisions of this Title are subject to local, state and federal regulations. (Ord. 610 § 6, 2015.)

5.02.030Separate Licenses Required.

A separate business license shall be obtained for each separate location, within the City, at which the business is conducted. A separate business license shall be obtained for each different and discrete business conducted by any person, whether at the same location, within the City, as another licensed business, or at a different location within the City. (Ord. 24 § 3, 1995.)

5.02.040Change in Business/License non-transferable.

A. Each business license shall authorize a particular business at the designated location. Any change in the ownership or nature of the business shall require a new business license application and license fee.

B. Changes in name or location shall be reported to the City, in writing, no less than ten (10) days before such change. If in compliance with all applicable codes and regulations, the City shall amend the existing business license to the new name or location.

C. No license issued under this Title shall be transferable from one person or entity to another person or entity. Sale or transfer of an interest greater than 50 percent in any business requiring a license under this Title renders the existing license null and void. A new application shall be made by the new owner who shall comply with requests for information required to process the new application. Such request may include a release of interest statement from the previous licensee and a signed rental agreement for the establishment. (Ord. 610 § 7, 2015; Ord. 548 § 1 (part), 2012; Ord. 24 § 4, 1995.)

5.02.050Exemptions and Waivers.

A. Notwithstanding the requirement of Section 5.02.020 of this Chapter, the following shall be exempt from the requirement to apply for and obtain a business license# Permits, however, may be required if otherwise required by law.

i. Sales, delivery, or peddling of any fruits, vegetables, berries, eggs, or any farm produce or edibles by the farmer, gardener, or other person who raised, gathered, produced, or manufactured them; provided, that this exemption shall not apply to any person selling, delivering, or peddling any dairy product, meat, poultry, eel, fish, mollusk, or shellfish.

ii. Any individual in possession of a valid direct retail endorsement, as established in RCW 77.65.510 as currently enacted or as hereafter amended or recodified from time to time, who sells, delivers, or peddles any legally harvested retail-eligible species, as that term is defined in RCW 77.08.010 as currently enacted or as hereafter amended or recodified from time to time, that is caught, harvested, or collected under rule of the department of fish and wildlife by such a person at a temporary food service establishment, as that term is defined in RCW 69.06.045 as currently enacted or as hereafter amended or recodified from time to time; provided that such establishment shall not be exempt from inspection to verify that the person is in compliance with state board of health and local rules for food service operations.

iii. Small or part-time businesses, professions, or trades performed by minors wherein the annual gross income is less than $2,000 in the nature of baby-sitting, delivery of newspapers, or sales in the nature of a residential-based “lemonade stand,” or the like; provided that the activity is not one for which a license would otherwise be required by LMC 5.02.010(H)(1)-(4).

iv. Stands used to sell or distribute flowers, fruit, vegetables, produce or plants grown on the property where the stand is located.

v. Vendors at City-sponsored Farmers Markets.

vi. Residential sales such as garage or yard sales of a typical size and duration as well as want-ad, online marketplace or similar sales of an isolated and infrequent nature.

B. Any activity, business or function otherwise requiring a license under this Title may receive a waiver of any such requirement where the City Manager determines that the activity, business or function otherwise subject to such license is civic rather than commercial in nature, as with civic, community or school events. (Ord. 610 § 8, 2015; Ord. 548 § 1 (part), 2012; Ord. 300 § 2, 2003; Ord. 79 §1, 1996; Ord. 24 § 5, 1995.)

5.02.055Not for Profit Businesses and Organizations.

Organizations exempt from taxation under 26 USC 501(C)(3) and (4) must apply and obtain a business license, but shall be exempt from applicable business license fee. This shall not constitute an exemption from all other applicable taxes and fees. Such organizations must be able to show satisfactory proof of such status to the City. (Ord. 548 § 1 (part), 2012.)

5.02.060Application for License.

No business license shall be issued except upon application made on forms prescribed by the City. Each application shall be accompanied by the prescribed license fee. Upon approval of the application, the business license shall be issued by the City and be delivered to the applicant. In event of denial, the fee paid shall be returned to the applicant together with notice that the application has been denied. (Ord. 548 § 1 (part), 2012; Ord. 24 § 1, 1995.)

5.02.070Fee.

A. The fee for a license to engage in any business within the City shall be in accordance with the fee schedule in LMC 3.20.010

B. Any late fees and penalties, as identified in Section 5.02.130 of this Chapter, and other fees, penalties, taxes, and other costs owing to the City, related to the business, shall be paid prior to issuance or renewal of any license. (Ord. 548 § 1 (part), 2012; Ord. 288 § 1, 2002; Ord. 108 § 1 (part), 1996; Ord. 24 § 7, 1995.)

5.02.080General Qualifications of Licenses.

Any of the grounds below provide a basis for license denial, revocation or suspension; provided that no business license issued pursuant to this Code shall be denied, revoked, or suspended without cause.

A. Any application to conduct, in whole or in part, activity that is illegal under local, state or federal law.

B. Any applicant, licensee or employee of applicant or licensee who has been convicted of a crime relevant to the business within ten years for a felony conviction, five years for a gross misdemeanor conviction and three years a misdemeanor conviction.

C. Within the last five years, any applicant, licensee or employee of applicant or licensee who has suffered any of the following which is relevant to the business: a civil judgment, or any other judgment, cease and desist order, notice and order, consent decree, or administrative action, including prior licensing actions.

D. Any applicant, licensee or employee of applicant, licensee or employee of applicant or licensee who has failed to comply with any of the provisions of this Code.

E. Any applicant, licensee or employee of applicant or licensee, if any reasonable grounds exist to believe that such person is dishonest in a manner that is relevant to the business, or that the license was procured by fraud or misrepresentation of fact, or desires to obtain a business license so as to practice some illegal act, some act injurious to the public health, safety or welfare or engaged in unlawful activity

F. Any applicant, licensee or employee of applicant or licensee who has caused, maintained, permitted, allowed or is likely to cause, maintain, permit, or allow a public nuisance to exist. “Public nuisance,” in addition to its common meaning, includes but is not limited to a business generating a need for significant police and/or other government services.

G. Any applicant, licensee, or employee of applicant or licensee or their agents have or will engage in, maintain, permit, allow or fail to prevent unlawful activity on the business premises

H. The applicant, licensee or employee of applicant or licensee failed to pay a civil penalty or to comply with any notice and order of the City.

I. If reasonable grounds exist to believe that any applicant, licensee or employee of applicant or licensee is likely to present an adverse impact to the public health, safety, or welfare for any other reason, including but not limited to conduct related to past operations of business.

J. Violation of any rules, regulations or conditions which have been set forth in a Conditional License issued under LMC 5.02.150.

K. The failure to submit a complete license application or the failure to cooperate in an investigation under LMC 5.02.090. (Ord. 610 § 9, 2015; Ord. 568 § 2 (part), 2013; Ord. 548 § 1 (part), 2012; Ord. 24 § 8, 1995.)

5.02.090Investigations and Inspection.

Applications for licenses may be investigated by the City and other regulatory agencies, in conjunction with or on behalf of the City, to determine compliance with this Code and other applicable regulations. (Ord. 548 § 1 (part), 2012; Ord. 300 § 3, 2003; Ord. 24 § 9, 1995.)

5.02.100Term of License/General and Temporary.

A. Each Annual Business License shall expire one year from the date of issuance by the City, unless renewed. Upon renewal, each license shall be valid for an additional year from the date of expiration, unless suspended, revoked, closed, or invalidated by a change in business as defined in LMC 5.02.040. Any additional Rules and Regulations and Conditional Licenses imposed or stipulated to pursuant to LMC 5.2.150 shall remain in full force and effect notwithstanding any licensing renewals unless expressly terminated in writing by the City.

B. A Temporary Business License may specify dates for which a license is valid. In no event shall a license issued under this chapter be valid for more than one year after issuance.

If no dates are specified on the face of the temporary business license, a temporary business may operate within the City for no more than seven days after the date of issuance. Upon supplemental application, and payment of any fee, the City may authorize up to one seven-day extension. (Ord. 610 § 10, 2015; Ord. 548 § 1 (part), 2012; Ord. 24 § 10, 1995.)

5.02.110Posting of License.

It shall be unlawful for any person to engage in business at any location within the City without posting and displaying, prominently and in clear public view the valid business license authorizing such business at such location. (Ord. 300 § 4, 2003; Ord. 24 § 11, 1995.)

5.02.120Renewal of License. (Repealed)

(Repealed Ord. 548 § 1 (part), 2012; Ord. 245 §1, 2000; Ord. 87 § 1, 1996; Ord. 24 § 12, 1995.)

5.02.130Late Application Fee.

Any applicant or licensee who fails to make application for a business license or renewal under this Title within thirty days after expiration of their business license or of the commencement of business in the case of a new business, shall be subject to a late application fee, computed at 100% of the cost of the applicable license fee, which shall be added to the prescribed fee. This late penalty shall be in addition to any other penalty or consequence stemming from failure to obtain or maintain an appropriate license.

It is further provided that any annual license fees and late fees, as identified herein, shall be paid for any prior year(s) during which the business operated within the City and for which a business license was required by the City, as a prerequisite for the business to obtain a business license for a current or subsequent year. (Ord. 548 § 1 (part), 2012; Ord. 245 § 2, 2000; Ord. 108 § 1 (part), 1996; Ord. 87 § 2, 1996; Ord. 24 § 13, 1995.)

5.02.135Temporary Business Reports.

A. Every owner of real property upon which Temporary Businesses licensed under this Chapter perform business shall furnish weekly reports for the duration of use of the property as the location of any temporary business. Such reports shall be made to the City Manager or designee, on such forms as the City may require therefore, a record which shall include:

1. The name, address, telephone number and stall number (or other descriptor of the physical location) of each entity performing such business; and

2. Such other information as is deemed necessary by the City to protect the public health, safety and welfare.

B. Violation of this Section shall constitute grounds for revocation of any licenses issued under this Title. (Ord. 610 § 11, 2015.)

5.02.140Duties of the City Manager or Designee. (Repealed)

(Repealed Ord. 548 § 1 (part), 2012; Ord. 24 § 14, 1995.)

5.02.150Additional Rules and Regulations.

The City is authorized to adopt and enforce rules and regulations, not inconsistent with the provisions of this Ordinance, and any other business license or regulation ordinance, and it shall be unlawful for any person to violate or fail to comply with any of the said rules and regulations. Such Additional Rules and Regulations may be issued in the form of a Conditional License. All such rules and regulations promulgated by the City shall be reduced to writing. Any Additional Rules and Regulations imposed or stipulated to pursuant to this Section shall remain in full force and effect unless expressly terminated in writing. (Ord. 548 § 1 (part), 2012; Ord. 24 § 15, 1995.)

5.02.160Inspections - Right of Entry.

The City is authorized to make such inspections of licensed premises and take such action as may be required to enforce the provisions of any business license ordinance. The City may designate any appropriate City employees, designated representatives, and other agencies to undertake such inspections. Inspections should, to the extent possible, be in compliance with the following procedure:

A. An inspector may enter any licensed business location, at any reasonable time, to inspect the same or perform any duty imposed on the City, by any business license or regulation ordinance.

B. If the place of business is occupied, the inspector must first present proper credentials prior to entry and inspection.

C. If the place of business is unoccupied, the inspector shall first make a reasonable effort to locate the licensee or other person having charge or control of the premises and shall then present proper credentials and demand entry and right to inspect.

D. No licensee, employee or agent, shall fail or neglect, after proper demand, to admit the inspector, acting within the scope of the inspector's employment, to any location licensed for business, or to interfere with the inspector while in the performance of the inspector's duty.

E. Nothing herein shall prevent or prohibit undercover investigations or inspections. (Ord. 548 § 1 (part), 2012; Ord. 24 § 16, 1995.)

5.02.170Grounds for Suspension or Revocation. (Repealed)

(Repealed Ord. 548 § 1 (part), 2012; Ord. 24 § 17, 1995.)

5.02.171Stay of Suspension or Revocation--Summary Suspension.

A. Except as otherwise provided in this Section, enforcement of any suspension or revocation of any business license, or other order issued under this Chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. Nothing in this chapter shall be construed to allow the stay of a license revocation in excess of the original term of the license.

B. Where conditions exist that are deemed hazardous to life or property, or where the licensee or his or her employee or agent has knowingly permitted unlawful conduct, the City is authorized to immediately stop such conditions, up to and including closing the business operation and summary suspension of the business license. Such order and demand may be oral or written.

C. At the time the licensee is notified of any summary suspension, the City Clerk shall also schedule a hearing to be held within 3 business days from the date of the notice of summary suspension and the licensee will be notified by mail, facsimile, email, personal service or hand deliver of the date, time and location of such hearing. Such notices shall state the time and place of the hearing. Such hearing shall be before the City Manager or designee.

D. The decision of the City Manager or designee shall be final. The licensee may, within 10 days from the date of the decision, appeal such suspension or revocation in accordance with LMC 5.02.190. Any summary suspension affirmed by the City Manager or designee shall remain valid and in effect pending the outcome of the appeal, unless stayed pending the outcome of the hearing by the City Manager or the designee who issued the decision or Hearing Examiner. (Ord. 610 § 12, 2015; Ord. 568 § 4 (part), 2013.)

5.02.180Notice and Order.

A. The City may, in addition to seeking criminal or civil penalties allowed by this Chapter, elect to issue a notice and order, directed to the licensee whom it has determined is in violation of any of the terms and provisions of any business license or regulation ordinance. The notice and order shall contain:

1. The street address, when available, and a legal description sufficient for identification of the premises upon which the violation occurred or is occurring;

2. A statement of that the City has found the business license application, the business, or the conduct of the applicant or licensee or licensee’s or applicant’s agent(s), manager(s), and/or employee(s), to be in violation of any business license or regulations ordinance, or that the business constitutes a public nuisance, with a description of the facts or conditions upon which the action is based.

3. A statement of any action required to be taken as determined by the City. If the City determines to suspend or revoke the license, the order shall require surrender of the licenses to the City within ten days from the date of receipt of the notice and order.

4. A statement advising that the licensee may appeal from the notice and order of the City, to the City Hearing Examiner, provided the appeal is made in writing as provided in this Ordinance and filed with the City Clerk, accompanied by the applicable appeal fee within ten days from the date of receipt of the notice and order, and that failure to appeal shall constitute a waiver of all right to an administrative hearing and determination of the matter.

B. The notice and order, and any amended or supplemental notice and order, shall be served upon the licensee either personally or by mailing a copy of such notice and order to such licensee at the address which appears on the business license; or by posting upon the property of the business. (Ord. 548 § 1 (part), 2012; Ord. 300 § 5, 2003; Ord. 24 § 18, 1995.)

5.02.190Appeal From Denial or From Notice or Order.

A. The City Hearing Examiner is designated to hear appeals by applicants or licensees aggrieved by actions of the City pertaining to any denial, or revocation of business licenses, or imposition of any conditions upon a licensee, pursuant to chapter 1.36 LMC.

B. Any applicant or licensee may, within ten (10) days after receipt of a notice of denial of application or of a notice and order, file with the City Clerk a written notice of appeal.

C. As soon as practicable after receiving the written appeal, the City Clerk shall fix a date, time, and place for the hearing of the appeal by the Hearing Examiner. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing by the City Clerk, by mailing a copy addressed to each appellant at his or her address shown on the notice of appeal.

D. At the hearing, the appellant or appellants shall be entitled to appear in person, and to be represented by counsel and to offer such evidence as may be pertinent and material to the denial or to the notice and order. The technical rules of evidence need not apply.

E. Only those matters or issues specifically raised by the appellant or appellants in the written notice of appeal shall be considered in the hearing of the appeal.

F. Within ten (10) business days following conclusion of the hearing, the Hearing Examiner shall make written findings of fact and conclusions of law, supported by the record, and a decision which may affirm, modify, or overrule the denial or order of the City, and may further impose terms and conditions to the issuance or continuation of a business license.

G. Failure of any applicant or licensee to file an appeal in accordance with the provisions of this Chapter shall constitute a waiver of the right to an administrative hearing and adjudication of the denial or of the notice and order. (Ord. 610 § 13, 2015; Ord. 585 § 12, 2014; Ord. 568 § 3, 2013; Ord. 548 § 1 (part), 2012; Ord. 300 § 6, 2003; Ord. 276 § 2, 2002; Ord. 108 § 1 (part), 1996; Ord. 24 § 19, 1995.)

5.02.200Appeal by Exempted Businesses. (Repealed)

(Repealed Ord. 548 § 1 (part), 2012; Ord. 24 § 20, 1995.)

5.02.210Continuation of License Upon Death of Licensee.

In event of the death of any licensee, his or her duly appointed executor or administrator may continue to conduct business under the license issued to the decedent for the unexpired term thereof, upon filing proof of such appointment with the City. (Ord. 548 § 1 (part), 2012; Ord. 300 § 7, 2003; Ord. 24 § 21, 1995.)

5.02.220Assignment of Licenses.

Every business license shall be personal to the licensee and shall not be assignable or transferable to any person, other than as provided by Section 5.02.040 of this Chapter. (Ord. 24 § 22, 1995.)

5.02.230Reasonable Costs.

In addition to or as an alternative to any other penalty provided herein or by any other business license or regulation ordinance, the City shall be entitled to its costs and reasonable attorneys fees in any action to enforce the provisions of this Chapter or any other business license or regulation ordinance. (Ord. 108 § 1 (part), 1996; Ord. 24 § 23, 1995.)

5.02.240Engaging in Business Without Payment of Fee.

If any person engaged in business fails or refuses to pay any license or renewal fee and/or penalty, and/or any other fee, penalty, tax or other costs owing to the City, such person shall not be granted a business license or renewal until all such fees, penalties, and/or costs have been paid in full. Upon any person’s or business’s failure to pay such fees or costs, such fees, penalties and costs may be collected by the City by legal action. Additionally, the license may be suspended or revoked and the person’s business may be ordered to cease and desist from all business activities until all such payments are made in full. This remedy is cumulative and not exclusive. (Ord. 548 § 1 (part), 2012; Ord. 24 § 24, 1995.)

5.02.250Violations - Penalty - Remedies.

A. Unless a different penalty is set forth, any violation of this Title shall constitute a misdemeanor. Each day a violation of this Title is allowed to exist shall constitute a separate violation.

B. In addition to or as an alternative to any other penalty provided in this Title or by law, any violation of this Title is a civil infraction, pursuant to chapter 7.80 RCW, punishable by a fine. For a first violation of an offense under this Title, the fine shall be $500. For a second violation of an offense under this Title, the fine shall be $1,000. For a third violation and subsequent violations of this Title, the fine shall be $2,000. Each day a violation of this Title is allowed to exist shall constitute a separate violation.

C. All violations of this Title that are detrimental to the public health, safety and welfare and are public nuisances. All conditions that are determined after review by the City to be in violation of this Title are subject to abatement. (Ord. 610 § 14, 2015; Ord. 548 § 1 (part), 2012; Ord. 108 § 1 (part), 1996; Ord. 24 § 25, 1995.)

5.02.260Separate Offenses.

Each day that any person engages in any business without having a valid business license or is otherwise in violation of this title or any other business license or regulation ordinance shall constitute a separate offense and may be punished as such. (Ord. 108 § 1 (part), 1996; Ord. 24 § 26, 1995.)