(a)   For the purposes of this Chapter, a Legal Entity means a corporation, limited partnership (LP), limited liability partnership (LLP), limited liability company (LLC) or a foreign covered entity.

(b)   Resident Agent is the representative of a Legal Entity appointed pursuant to K.S.A. 17-7925 and amendments thereto.

(c)   Environmental Code Violation shall mean an infraction of the Newton City Code Chapter XI.

(d)   This Article intends to provide an avenue for prosecution of Legal Entities in violation of this Chapter and to stand-in for procedures and Code applicable to individuals in violation of Chapter XI. Unless otherwise clarified, procedures and penalties for Legal Entities in violation of this Chapter shall be carried out and enforced in the same manner as an individual’s violation.

(Ord. 5196-26)

(a)   Any Legal Entity found by the public officer to be in violation of this Chapter shall be served a notice of such violation. The notice of violation shall be served by restricted, certified, or registered, postage prepaid, return receipt requested mail to the address of the Business Entity identified in the records maintained by the Kansas Secretary of State.

(b)   If the violation is not abated, the City Prosecutor may file a Complaint with Municipal Court. The Notice to Appear shall be served as follows:

(1)   serving a copy on an officer, manager, partner or agent provided that if the agent is a resident of, or does business in Harvey County; or

(2)   leaving a copy at any of the business offices with the person having charge; or

(3)   serving a copy on any Resident Agent by mailing the notice to the address of the resident agent identified in the records maintained by the Kansas Secretary of State.

(Ord. 5196-26)

If the Resident Agent or other agent of the Legal Entity fails to appear in Court, the Court shall issue a show cause order to the Resident Agent. Upon failure to appear at the show cause hearing, the Court shall proceed to trial and judgment without further process.

(Ord. 5196-26)

(a)   Punishment for a violation of an Environmental Code Violation shall be as follows:

(1)   Upon the first conviction, a fine of not less than $250 or more than $1,000.

(2)   Upon a second conviction, a fine of not less than $500 or more than $1,000.

(3)   Upon a third or subsequent conviction, a fine of $1,000.

(b)   For the purposes of determining whether a conviction is a first or subsequent conviction in sentencing under this section:

(1)   Conviction includes being convicted of a prior violation of Chapter XI.

(2)   Any convictions occurring during the five years prior to the date of the occurrence shall be considered when determining the fine to be imposed.

(c)   Each day that any violation of this Ordinance continues shall constitute a separate offense and be punishable herein as a separate violation.

(Ord. 5196-26)