The council adopts all of the "whereas" sections of the ordinance codified herein as findings to support this chapter, as well as the following:

   A.   Through its amendment/adoption of Revised Code Of Washington chapter 69.51A, the state of Washington has found that there is medical evidence to show that some patients with terminal or debilitating medical conditions benefit from the medical use of cannabis.

   B.   The state of Washington has determined that qualifying patients with terminal or debilitating medical conditions, who, in the judgment of their healthcare professionals, may benefit from the medical use of cannabis, shall not be arrested, prosecuted or subject to other criminal sanctions or civil consequences under state law, based solely on their medical use of cannabis, notwithstanding any other provision of law.

   C.   Nothing in this chapter shall be construed to supersede Washington state law relating to the acquisition, possession, manufacture, sale or use of cannabis for nonmedical purposes. Nothing in this chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of cannabis for nonmedical purposes.

   D.   Cannabis plants, whether grown indoors or outdoors, especially as they mature prior to harvest, may produce a distinctive odor that may be detectable far beyond property boundaries.

   E.   Where cannabis plants have been grown outdoors in other states, local authorities have received a significant number of formal complaints of odor that may be detectable far beyond property boundaries.

   F.   Cannabis, whether grown for medicinal purposes or diverted to the black market, may be sold for thousands of dollars per pound.

   G.   The strong smell of cannabis may create an attractive nuisance, alerting persons to the location of the plants, and creating a risk of burglary, robbery and armed robbery.

   H.   Cannabis that is grown indoors may require excessive use of electricity which may overload standard electrical systems, creating an unreasonable risk of fire.

   I.   The ability of qualified patients to cultivate cannabis in collective gardens for medical purposes does not confer upon them the right to create or maintain a public nuisance. No more than forty five (45) cannabis plants are allowed on any one legal parcel, which should keep the complaints regarding odor and the risks of fire and crime to a minimum.

   J.   Pursuant to Revised Code Of Washington 69.51A.130, no civil or criminal liability may be imposed by any court on cities, towns, or counties or other municipalities and their officers and employees for actions taken in good faith under this chapter and within the scope of their assigned duties. (Ord. 941, 7-24-2013)

For purposes of this chapter, the following definitions apply:

CANNABIS: All parts of the plant cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For the purposes of this chapter, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term "cannabis" includes cannabis products and usable cannabis.

CANNABIS PRODUCTS: Products that contain cannabis or cannabis extracts, have a measurable THC ("tetrahydrocannabinol") concentration greater than three-tenths of one percent, and are intended for human consumption or application, including, but not limited to, edible products, tinctures, and lotions. The term "cannabis products" does not include usable cannabis. The definition of "cannabis products" as a measurement of THC concentration only applies to the provisions of this chapter and shall not be considered applicable to any criminal laws related to marijuana or cannabis.

CHURCH: A structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.

COLLECTIVE GARDEN: Those gardens authorized under Revised Code Of Washington 69.51A.085, which allows qualifying patients or their designated care providers to assume responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use such as, for example, a location for a collective garden; equipment, supplies, and labor necessary to plant, grow, and harvest cannabis; cannabis plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of cannabis plants (as limited below). Qualifying patients or their designated care providers may create and participate in collective gardens for the purpose of producing, processing, transporting and delivering cannabis for medical use subject to the following conditions:

   A.   No more than ten (10) qualifying patients and/or designated care providers may participate in a single collective garden at any time;

   B.   A collective garden may contain no more than fifteen (15) plants per qualifying patient or designated care provider, up to a total of forty five (45) plants;

   C.   A collective garden may contain no more than twenty four (24) ounces of usable cannabis per qualifying patient or designated care provider, up to a total of seventy two (72) ounces of usable cannabis;

   D.   A copy of each qualifying patient's or designated care provider's valid documentation or proof of registration with the registry established in state law (now or in the future), including a copy of the patient's proof of identity, must be available at all times on the premises of the collective garden;

   E.   No usable cannabis from the collective garden may be delivered to anyone other than one of the qualifying patients or designated care providers participating in the collective garden; and

   F.   The collective garden is exempt from business license requirements under this code.

CULTIVATION: The planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.

DESIGNATED CARE PROVIDER: A person who:

   A.   Is eighteen (18) years of age or older;

   B.   Has been designated in (writing) a written document signed and dated by a qualifying patient to serve as a designated provider under this chapter and Revised Code Of Washington 69.51A; and

   C.   Is in compliance with the terms and conditions set forth in Revised Code Of Washington 69.51A.040. A qualifying patient may be the designated provider for another qualifying patient and be in possession of both patients' cannabis at the same time.

INDOORS: Within a fully enclosed and secure structure that complies with the Washington state building code, as adopted by the city in title 10, chapter 1 of this code and amended in title 10, chapter 2 of this code, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as two inches by four inches (2" x 4") or thicker studs overlain with three-eighths inch (3/8") or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

LEGAL PARCEL: A parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels shall be counted as a single parcel for purposes of this chapter.

MEDICAL (OR MEDICINAL) USE OF CANNABIS: The manufacture, production, processing, possession, transportation, delivery, ingestion, application, or administration of cannabis for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating medical condition.

OUTDOORS: Any location that is not "indoors" within a fully enclosed and secure structure as defined herein.

PARK: Any area of land, including any trail, whether publicly or privately owned, that is set aside for the enjoyment and recreation of members of the public or residents of the immediate neighborhood.

PERSON: An individual or an entity.

PERSONALLY IDENTIFIABLE INFORMATION: Any information that includes, but is not limited to, data that uniquely identify, distinguish, or trace a person's identity, such as the person's name, or address, either alone or when combined with other sources, that establish the person is a qualifying patient or designated provider.

PLANT: An organism having at least three (3) distinguishable and distinct leaves, each leaf being at least three (3) centimeters in diameter, and a readily observable root formation consisting of at least two (2) separate and distinct roots, each being at least two (2) centimeters in length. Multiple stalks emanating from the same root ball or root system shall be considered part of the same single plant.

PROCESS: To handle or process cannabis in preparation for medical use.

PRODUCE: To plant, grow, or harvest cannabis for medical use.

PUBLIC PLACE: Includes any street, highway, freeway, bridge, land, path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle or other public right of way; buildings and grounds used for school purposes; public assembly facilities and grounds adjacent thereto; premises where goods and services are offered to the public for retail sale; public buildings, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages, and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; buses, and other public conveyances of all kinds and character, and the facilities used in conjunction therewith which are open to unrestricted use and access by the public; public beaches, parks, or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.

QUALIFYING PATIENT: A person who:

   A.   Is a patient of a healthcare professional;

   B.   Has been diagnosed by that healthcare professional as having a terminal or debilitating medical condition;

   C.   Is a resident of the state of Washington at the time of such diagnosis;

   D.   Has been advised by that healthcare professional about the risks and benefits of the medical use of cannabis;

   E.   Has been advised by that healthcare professional that he or she may benefit from the medical use of cannabis; and

   F.   Is otherwise in compliance with the terms and conditions established in Revised Code Of Washington chapter 69.51A.

The term "qualifying patient" does not include a person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this chapter and Revised Code Of Washington 69.51A are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.

SCHOOL: An institution of learning for minors, whether public or private, offering regular course of instruction required by the Washington education code, or any child or day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher learning, including a community or junior college, college or university.

THC CONCENTRATION: Percent of tetrahydrocannabinol content per weight or volume of usable cannabis or cannabis product, or the combined twenty five percent (25%) of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid 26 in any part of the plant cannabis regardless of moisture content.

TERMINAL OR DEBILITATING MEDICAL CONDITION:

   A.   Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or

   B.   Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or

   C.   Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or

   D.   Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or

   E.   Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or

   F.   Diseases, including anorexia, which result in nausea, vomiting, cachexia, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or

   G.   Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter.

TREATMENT FACILITY: A facility providing for treatment of drug and alcohol dependency.

USABLE CANNABIS: Dried flowers of the cannabis plant having a THC concentration greater than three-tenths of one percent. Usable cannabis excludes stems, stalks, leaves, seeds, and roots. For purposes of this definition, "dried" means containing less than fifteen percent (15%) moisture content by weight. The term "usable cannabis" does not include cannabis products.

VALID DOCUMENTATION:

   A.   A statement signed and dated by a qualifying patient's healthcare professional written on tamper resistant paper, which states that, in the healthcare professional's professional opinion, the patient may benefit from the medical use of cannabis;

   B.   Proof of identity such as a Washington state driver's license or identicard, as defined in Revised Code Of Washington 46.20.035; and

   C.   In the case of a designated provider, the signed and dated document valid for one year from the date of signature executed by the qualifying patient who has designated the provider.

YOUTH ORIENTED FACILITY: Elementary school, middle school, high school, public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a daycare or preschool facility. (Ord. 941, 7-24-2013)

No part of this chapter is intended to or shall be deemed to conflict with federal law, including, but not limited to, the controlled substances act, 21 USC section 800 et seq., the uniform controlled substances act 1 nor to otherwise permit any activity that is prohibited under either act, or any other local, state or federal law, statute, rule or regulation. No part of this chapter is intended to or shall be construed so as to violate any provisions of the state or federal constitution. (Ord. 941, 7-24-2013)

   A.   Revised Code Of Washington 69.51A.040 allows an individual qualifying patient or designated provider to cultivate medical cannabis for personal use within his/her private residence, as long as the qualifying patient or designated provider:

      1.   Possesses no more than fifteen (15) cannabis plants;

      2.   Possesses no more than twenty four (24) ounces of usable cannabis;

      3.   Possesses no more cannabis product than what could reasonably be produced with no more than twenty four (24) ounces of usable cannabis; or

      4.   Possesses a combination of usable cannabis and cannabis product that does not exceed a combination total representing possession and processing of no more than twenty four (24) ounces of usable cannabis.

If a person is both a qualifying patient and a designated provider for another patient, Revised Code Of Washington 69.51A.040 allows possession of no more than twice the amounts described in subsection A of this section, whether the plants, usable cannabis, and cannabis product are possessed individually or in combination between the qualifying patient and his or her designated provider. (This section does not list all of the limitations on such use in Revised Code Of Washington 69.51A.040 or chapter 69.51A. This section is only meant to provide sufficient information to distinguish between cultivation of medical cannabis for personal use, as opposed to cultivation of medical cannabis in a collective garden, and to establish certain land use restrictions on such cultivation.)

   B.   Any cultivation of medical cannabis for personal use under chapter 69.51A Revised Code Of Washington shall not exceed the following standards:

      1.   The medical cannabis cultivation area shall not exceed fifty (50) square feet in length and shall not exceed ten feet (10') in height per residence.

      2.   Medical cannabis cultivation lighting shall not exceed one thousand two hundred (1,200) watts.

      3.   Use of gas products (CO2, butane, etc.) for medical cannabis cultivation or processing is prohibited.

      4.   From a public right of way, there shall be no exterior evidence of medical cannabis cultivation either within or outside the residence.

      5.   The qualified patient or designated provider shall reside in the residence where the medical cannabis cultivation occurs.

      6.   The qualified patient or designated provider cultivating cannabis for personal use shall not participate in any collective garden or other medical cannabis cultivation in any other residential location.

      7.   The residence shall maintain a kitchen, bathrooms, and primary bedrooms for their intended use and shall not be used primarily for medical cannabis cultivation.

      8.   The medical cannabis cultivation area shall be in compliance with the current, adopted edition of the Washington state building code provisions regarding natural ventilation or mechanical ventilation (or its equivalents).

      9.   The medical cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes. (Ord. 941, 7-24-2013)

   A.   No Nonconforming Status: Notwithstanding the provisions of section 13-6-6, "Nonconforming Use Permit", of this title, an existing collective garden in operation as of the effective date of this chapter shall be brought into full compliance with the provisions of this chapter within one year of its effective date.

   B.   Location Restrictions: Collective gardens are subject to the following location restrictions:

      1.   Collective Gardens Prohibited: Collective gardens may not be established in the following areas:

         a.   Indoors or outdoors within one thousand feet (1,000') of a youth oriented facility, a daycare center, a preschool, a school, a park, or any church or residential treatment facility;

         b.   Outdoors within one hundred feet (100') of any occupied legal residential structure located on a separate legal parcel;

         c.   Outdoors in a mobile home park within one hundred feet (100') of an occupied mobile home;

         d.   Indoors or outdoors within one thousand feet (1,000') of any other collective garden; and

         e.   In any location where the cannabis plants are visible from the public right of way or publicly traveled private roads.

      2.   Distance: The distance between the above listed uses and the collective garden where the cannabis is being cultivated shall be measured in a straight line from the nearest point on the fence required by this chapter, or if the cannabis is cultivated indoors, from the nearest exterior wall of the building in which the cannabis is cultivated to the nearest boundary line of the property on which the facility, building or structure or portion of the facility, building or structure in which the above listed use occurs is located. The distance in subsections B1b and B1c of this section between the collective garden and any residential structure or mobile home shall be measured from the fence required in this chapter to the nearest exterior wall of the residential structure or mobile home.

   C.   Operating Standards:

      1.   Indoor Or Outdoor Operation: The following restrictions apply to the operation of collective gardens, whether they are located indoors or outdoors:

         a.   Odor: The cultivation of cannabis shall not subject residents of neighboring parcels who are of normal sensitivity to objectionable odors;

         b.   Lighting: All lights used for the cultivation of cannabis shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the parcel upon which they are placed;

         c.   Noise: The cultivation of medical cannabis in a collective garden shall not exceed the noise level standards as set forth in title 5, chapter 8 of this code;

         d.   Visibility: Cannabis shall not be grown or on display in any location within the city where the cannabis plants are visible from the public right of way or a public place;

         e.   Signage: There shall be no exterior signage relating to the collective garden;

         f.   Gas Prohibited: The use of gas products (CO2, butane, etc.) for medical cannabis cultivation is prohibited;

         g.   Compliance With Codes: The collective garden shall be in compliance with the applicable provisions of the currently adopted edition of the Washington state building code; and

         h.   Nuisance: The collective garden shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other adverse impacts, or be hazardous due to use or storage of materials, processes, products or waste.

      2.   Outdoor Operation: In addition to the operation restrictions in subsection C1 of this section, the following restrictions apply to collective gardens located outdoors:

         a.   Lighting: The use of light assistance for the outdoor cultivation of cannabis shall not exceed a maximum of six hundred (600) watts of lighting capacity per one hundred (100) square feet of growing area; and

         b.   Fencing: All cannabis grown outside of any structure or building must be fully enclosed by a secure fence at least six feet (6') in height. The fence must include a lockable gate that is locked at all times when a qualified patient is not in the immediate area. Said fence shall not violate any other ordinance or code provision relating to height and location restrictions and shall not be constructed or covered with plastic or cloth except shade cloth may be used on the inside of the fence.

      3.   Indoor Operation: In addition to the operation restrictions in subsection C1 of this section, the following restrictions shall apply to collective gardens located indoors:

         a.   Limitation On Square Footage Devoted To Collective Garden: The indoor collective garden shall be limited to no more than one hundred (100) contiguous square feet per legal parcel;

         b.   Exterior Appearance: The indoor collective garden shall be located in a structure within a fully enclosed and secure structure, as defined in section 13-8-2 of this chapter (definition of "indoors");

         c.   Lighting: Interior structure lighting, exterior structure lighting and driveway and/or parking area lighting shall be of sufficient foot-candles and color rendition so as to allow the ready identification of any individual committing a crime on site at a distance of no less than forty feet (40') from the structure;

         d.   Security: Security measures at the collective garden shall include, at a minimum, the following:

            (1)   Robbery and burglary alarm systems which are professionally monitored and maintained in good working condition;

            (2)   Exterior lighting that illuminates all exterior entrances;

            (3)   Deadbolt locks on all exterior doors; and

            (4)   Windows and roof hatches secured with bars on the windows so as to prevent unauthorized entry, and be equipped with latches that may be released quickly from the inside to allow exit in the event of an emergency.

   D.   Delivery Only Among Members: No usable cannabis from the collective gardens may be delivered to anyone other than one of the qualifying patients participating in the collective garden. Collective garden employees/volunteers or collective garden members may not sell any cannabis plants or usable cannabis. Such activities may be prosecuted under the uniform controlled substances act, chapter 69.50 Revised Code Of Washington.

   E.   No On Site Sales Of Paraphernalia: There shall be no on site display or sale of paraphernalia used for the use or consumption of medical cannabis at the collective garden.

   F.   Home Occupation: Collective gardens permitted as a home occupation are subject to the following additional conditions:

      1.   No signs, logos, trademarks or other symbols are displayed indicating the nature or location of the business or occupation;

      2.   No exterior structural alterations are made to accommodate the occupation; and

      3.   No cannabis or cannabis products may be distributed, sold or displayed on any exterior portion of the premises.

   G.   Nuisance: Nothing in this section (or this chapter) shall be construed as a limitation on the city's authority to abate any violation which may exist from the cultivation of cannabis plants from any location, indoor or outdoor, including from within a fully enclosed and secure building. (Ord. 941, 7-24-2013)

   A.   It is a violation of this chapter for any person owning, leasing, occupying or having charge, control or possession of any parcel of land within the city to cause or allow such parcel of land, or any portion thereof, to be used for the indoor or outdoor cultivation of marijuana or cannabis plants for medicinal purposes in violation of subsection 13-8-4B1 through B9, 13-8-5A, 13-8-5B1a through B1e, 13-8-5C1a through C1h, 13-8-5C2a and C2b, 13-8-5C3a through C3d, 13-8-5E, or 13-8-5F1 through F3 of this chapter.

   B.   The cultivation of more than the number of cannabis plants set forth in this chapter on one legal parcel, either indoors or outdoors, within the city, regardless of whether the persons growing the cannabis is/are a "qualified patient", a designated provider, or a member of a "collective garden" as defined herein, is a prohibited use and a violation of this chapter.

   C.   Any violations of this chapter may be enforced by a city code enforcement officer(s) in the manner as set forth in title 15, chapter 11, "Enforcement", and title 1, chapter 13, "Code Enforcement", of this code. Any violations of the uniform controlled substances act, chapter 69.50 Revised Code Of Washington, the medical cannabis act, chapter 69.51A Revised Code Of Washington, or chapter 69.53 Revised Code Of Washington (use of buildings for unlawful drugs), shall be subject to enforcement by the Orting chief of police, all duly appointed city of Orting police officers, and all duly appointed law enforcement officers with jurisdiction in the city. In addition, any violation of subsection A or B of this section is deemed to be a public nuisance and may be abated by the city under the procedures set forth in state law and/or this code for the abatement of public nuisances. (Ord. 941, 7-24-2013)

   A.   A violation of any of the provisions of subsections 13-8-4B1 through B9 of this chapter (cultivations standards) shall constitute a class 1 civil infraction subject to a maximum penalty of two hundred fifty dollars ($250.00) for each violation, not including monetary assessments.

   B.   A violation of subsection 13-8-5A, "No Nonconforming Status", of this chapter shall constitute a class 1 civil infraction subject to a maximum penalty of two hundred fifty dollars ($250.00) for each violation, not including monetary assessments.

   C.   A violation of any of the provisions of subsections 13-8-5B1a through B1d of this chapter (collective gardens prohibited) shall constitute a class 1 civil infraction subject to a maximum penalty of two hundred fifty dollars ($250.00) for each violation, not including monetary assessments. A violation of subsection 13-8-5B1e of this chapter shall constitute a class 3 civil infraction subject to a maximum penalty of fifty dollars ($50.00) for each violation, not including monetary assessments.

   D.   A violation of any of the provisions of subsections 13-8-5C1a through C1c and C1e through C1h of this chapter (operating standards - indoor or outdoor) shall constitute a class 1 civil infraction subject to a maximum penalty of two hundred fifty dollars ($250.00) for each violation, not including monetary assessments. A violation of subsection 13-8-5C1d of this chapter shall constitute a class 3 civil infraction subject to a maximum penalty of fifty dollars ($50.00) for each violation, not including monetary assessments.

   E.   A violation of any of the provisions of subsections 13-8-5C2a and C2b of this chapter (operating standards - outdoor operations) shall constitute a class 1 civil infraction subject to a maximum penalty of two hundred fifty dollars ($250.00) for each violation, not including monetary assessments.

   F.   A violation of any of the provisions of subsections 13-8-5C3a through C3d of this chapter (operating standards - indoor operations) shall constitute a class 1 civil infraction subject to a maximum penalty of two hundred fifty dollars ($250.00) for each violation, not including monetary assessments.

   G.   A violation of any of the provisions of subsection 13-8-5E, "No On Site Sales Of Paraphernalia", of this chapter shall constitute a class 1 civil infraction subject to a maximum penalty of two hundred fifty dollars ($250.00) for each violation, not including monetary assessments.

   H.   A violation of any of the provisions of subsections 13-8-5F1 through F3 of this chapter (home occupation) shall constitute a class 1 civil infraction subject to a maximum penalty of two hundred fifty dollars ($250.00) for each violation, not including monetary assessments.

   I.   It shall be unlawful to wilfully fail to comply with any provision of subsection 13-8-4B1 through B9, 13-8-5A, 13-8-5B1a through B1e, 13-8-5C1a through C1h, 13-8-5C2a and C2b, 13-8-5C3a through C3d, 13-8-5E, or 13-8-5F1 through F3 of this chapter, or to wilfully fail to comply with a civil regulatory order issued pursuant to this chapter. Such wilful failure shall constitute a misdemeanor and shall be subject to a maximum penalty of one thousand dollars ($1,000.00) or ninety (90) days in jail or by both such fine and imprisonment. (Ord. 941, 7-24-2013)