Sec 36-183.07. Violation; classification

A. A person who violates this article, a sanitary ordinance or regulation adopted or order issued pursuant to this article or an order issued pursuant to section 36-602 is guilty of a class 3 misdemeanor if the person holds a valid permit issued under this article or a class 2 misdemeanor if the person does not hold a valid permit.

B. A penalty under this section shall not be imposed for the same acts for which a civil penalty has been imposed under this article.

C. In determining the penalty under this section, the court shall consider all of the following:

1. The seriousness of the violation.

2. As an aggravating factor only, any economic benefit that results from the violation.

3. The history of that violation.

4. The economic impact of the penalty on the violator.

5. Any good faith efforts to comply with the applicable requirements.

6. The duration of the violation as established by any credible evidence.

7. Payment by the violator of penalties previously assessed for the same violation.

8. Other factors the court deems relevant.

D. Lack of criminal intent does not constitute a defense to violations alleged under this section.