A. Except where other penalties are provided for by law for the illegal disposal of hazardous and/or toxic materials, any person, firm or corporation, whether as principal, agent, employee or otherwise, who violates any provision of this chapter, shall be guilty of an infraction and upon conviction thereof shall be punished by (1) a fine not exceeding $100.00 for a first violation; (2) a fine not exceeding $200.00 for a second violation of the same provision within one year; and (3) a fine not exceeding $500.00 for each additional violation of the same provision within one year.

B. Any such infraction may, at the discretion of the District Attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this chapter within the 12-month period immediately preceding the commission of the offense, or has been convicted of three or more violations of any of the provisions of this chapter within the 24-month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor, the punishment shall be a fine of not less than $500.00, nor more than $1,000, or imprisonment in the county jail for a period not to exceed 60 days, or by both such fine and imprisonment, except that where such prior convictions are alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt, or by the court where guilt is established by pleas of guilty, or nolo contendere, or by trial by the court sitting without a jury, the punishment shall be a fine of no less than $1,000, nor more than $25,000, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. (Ord. 844, eff. 10/1/96)