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495 <br />ORDINANCE NS-2248 <br />Page 9 <br /> <br />Beo. 33-167. Vtol&tton pen&lty. <br /> <br /> Any person violating any of the provisions of this article <br />shall be guilty of an infraction, and upon conviction thereof, <br />shall be subject to a fine not to exceed fifty dollars ($50.00) for <br />a first violation; a fine not exceeding one hundred dollars <br />($100.00) for a second violation of the same article within one <br />year; a fine not exceeding two hundred fifty dollars ($250.00) for <br />each additional violation of the same article within one year. <br />Each day that such violation is committed or permitted to continue <br />shall constitute a separate offense, and shall be punishable as <br />such hereunder. <br /> <br /> ~: In order to pr6vide sufficient time for owners of <br />newspaper companies and their distributors to remove newsboxes <br />which are now in violation of the requirements of Article V of <br />Chapter 33 of the Santa Ana Municipal Code or to obtain permits and <br />relocate newsboxes as may be necessary to obtain compliance with <br />said Article, the Executive Director of the Public Works Agency <br />shall not initiate proceedings for the removal of newsboxes <br />pursuant to section 33-164 of said Article prior to August 1, 1995. <br /> <br /> SECTION 3: Until such time as the City Council sets a <br />different fee or fees by resolution, the fee for a newsbox permit <br />pursuant to section 33-153 of the Santa Ana Municipal Code shall be <br />$100.00 per publication plus $15.35 for each location at which the <br />permittee proposes to maintain one or more newsboxes, and the <br />removal and storage fee specified in subsection (d) of section 33- <br />164 shall be $35.00, and the processing fee specified in subsection <br />(e) of section 33-164 shall be $20.00. <br /> <br /> SECTION 4: If any section, subsection,'sentence, clause, <br />phrase or portion of this ordinance is for any reason held to be <br />invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, such decision shall not affect the validity <br />of the remaining portions of this ordinance. The City Council of <br />the city of Santa Ana hereby declares that it would have adopted <br />this ordinance and each section, subsection, sentence, clause, <br />phrase or portion thereof irrespective of the fact that any one or <br />more sections, subsections, sentences, clauses, phrases, or <br />portions be declared invalid or unconstitutional. <br /> <br /> ~: Neither the adoption of this ordinance nor the <br />repeal hereby of any ordinance shall in any manner affect the <br />prosecution for violation of ordinances, which violations were <br />committed prior to the effective date hereof, nor be construed as <br />affecting any of the provisions of such ordinance relating to the <br />collection of any such license or penalty or the penal provision <br />applicable to any violation thereof, nor to affect the validity of <br />any bond or cash deposit in lieu thereof, required to be posted, <br />filed or deposited pursuant to any ordinance and all rights and <br /> <br />9 <br /> <br /> <br />