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39. PENALTY. <br /> A. (1) Any person, firm or corporation who shall violate any of the provisions of Section <br /> 38(A) of this Chapter shall, upon conviction, be fined as set forth herein. <br /> First Offense: Twenty-Five Dollars ($25.00) <br /> Second Offense: Fifty Dollars ($50.00) <br /> Third Offense: One Hundred Dollars ($100.00) <br /> Fourth and Each Subsequent Offense: Two Hundred Fifty Dollars ($250.00) <br /> Each day on which a violation occurs or continues shall be considered a separate offense. <br /> (2) Any business, store, office, venue, property owner, manager or operator who shall <br /> violate any of the provisions of Section 38(D) of this Chapter shall, upon conviction, be fined as <br /> set forth herein. <br /> First Offense: Fifty Dollars ($50.00) <br /> Second Offense: One Hundred Dollars ($100.00) <br /> Third Offense: Two Hundred Dollars ($200.00) <br /> Fourth and Each Subsequent Offense: Five Hundred Dollars ($500.00) <br /> Each day on which a violation occurs or continues shall be considered a separate offense. <br /> B. Any person, firm or corporation who shall violate any of the provisions of this Chapter, <br /> except as set forth in Section 38, shall, upon conviction, be fined a minimum of Two Hundred <br /> Fifty Dollars ($250.00) but not more than Five Hundred Dollars ($500.00) for each offense, and <br /> each day on which a violation occurs or continues shall be considered a separate offense. <br /> 40. OTHER REMEDIES. The fine provided for in Section 39 of this Chapter shall not <br /> be deemed to be the exclusive remedy for any act or thing constituting a nuisance under the <br /> provisions hereof, or under the common law, or to bar or prohibit the exercise of remedies, other <br /> than fine, applicable thereto. <br /> Section 4. Nothing contained in this Ordinance shall be construed to impair the powers <br /> contained in this Code, giving powers to the police and fire departments, but shall be construed <br /> together with existing ordinances now in effect for the safety and welfare of the citizens of Decatur. <br /> Section 5. Due to the urgent need to protect the public health, safety and welfare due to <br /> COVID-19,this Ordinance shall be in full force and effect immediately upon passage. <br /> Section 6. All ordinances and resolutions, or parts thereof, in conflict with the provisions <br /> of this Ordinance are, to the extent of the conflict, expressly repealed on the effective date of this <br /> Ordinance. <br /> Section 7. If any provision of this Ordinance or application thereof to any person or <br /> circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other <br />