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<br />e <br /> <br />e <br /> <br />Sec. 70-76. Penalties for violation of section <br /> <br />(a) A person who violates any provision of this section shall be guilty of a Class C <br />misdemeanor and upon conviction shall be fined an amount not exceeding five hundred <br />dollars ($500.00). <br /> <br />(b) A person who violates Section 70.75 (d) shall be guilty of a Class C <br />misdemeanor and upon conviction shall be fined an amount not exceeding fifty dollars <br />($50.00) upon the first conviction and an amount not exceeding one hundred dollars <br />($100.00) upon the second and each subsequent conviction. <br /> <br />a. The Municipal Court shall dismiss a charge against a person and/or <br />parent for a first offense under Section 70.75 (d), upon receiving proof <br />that: <br /> <br />1. The defendant, or the parent or legal guardian for the defendant, <br />acquired a helmet for the person who was operating or riding the <br />motor assisted scooter in violation of Section 70.75 (d); and <br />11. The defendant, or the parent or legal guardian for the defendant, <br />acquired the helmet on or before the tenth day after receiving the <br />citation of the violation. <br /> <br />b. If the charge against a person is dismissed under Section 70.76 (b) a., a <br />later conviction for a violatiqn. of Section 70.75 (d) shall be considered <br />a second or subsequent conviction for purposes of subsection Section <br />70.76 (b). <br /> <br />SECTION 4. If any section, sentence, phrase, clause, or any part of any section, <br /> <br />sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such <br /> <br />invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to <br /> <br />be the intention of the City of Council to have passed each section, sentence, phrase, or <br /> <br />clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or <br /> <br />clause, or part thereof, may be declared invalid. <br /> <br />: I <br /> <br />. .fl.'. <br /> <br />SECTION 5. The City Council officially finds, determines, recites and declares that <br /> <br />a sufficient written notice of the date, hour, place and subject of this meeting of the City <br /> <br />Council was posted at a place convenient to the public at the City Hall of the city for the <br />