Sec. 19-156. Civil Fines and Civil Penalties

The Director may enforce the provisions of this Division through injunctive proceedings, an action for specific performance, or any other appropriate proceeding. The Department may partner with inspectors of other departments to address violations, as determined in this Division. No person or entity shall willfully violate any provision of this Division. Any person who owns, operates, or manages a Food Service or Retail business and who knowingly and willfully violates the provisions of this Division is subject to a civil fine. There is established a graduated civil fine structure for violations of this Division. The violation of any such prohibited or unlawful act or offense shall be punished with a warning for a first-time violation, $250 fine for a second time violation, and by a fine of One Thousand Dollars ($1,000) for a third time violation within a twelve-month period. Each day a violation exists is a separate offense.

A Court of competent jurisdiction may impose these civil fines and the suspension of a violator's use and occupancy permit, as ancillary relief in the injunctive proceedings or as damages in separate civil proceedings.

Funds generated to Prince George's County from the imposition of civil fines and/or civil penalties pursuant to this Section, shall be appropriated to the Prince George's County Department of the Environment, Resource Recovery Division, County Recycling Program.