Violations for conduct that is not otherwise considered lawful under state law shall be considered misdemeanors and are punishable in accordance with §
1-5.1 of the Municipal Code. Each and every day, or portion thereof, that a violation exists is a separate offense. Persons found in violation of the six-plant limit set forth in §
25-41.13.3a will be subject to prosecution for a misdemeanor violation, punishable by a fine of $1,000 per plant for each plant over the limit and forfeiture of all plants in excess of the six-plant limit. Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this §
25-41.13 unlawful, the City intends that the misdemeanor provision be severable from the remaining penalty provisions and the City will only pursue noncriminal remedies for violations of this §
25-41.13.