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<br />including interstate wetlands; all other waters the use, degradation or destruction of which would <br />affect or could affect interstate or foreign commerce; all impoundments of waters otherwise <br />defined as "waters ofthe United States" under this definition; all tributaries of water identified in <br />this definition; all wetlands adjacent to waters identified in this definition; and any other waters <br />within the federal definition of "waters of the United States" in Section 122.2 of Title 40 of the <br />CFR; but not including any waste treatment systems, treatment ponds, or lagoons designed to <br />meet the requirements of the Federal Clean Water Act. <br /> <br />Wetlands shall mean an area that is inundated or saturated by surface or ground water at a <br />frequency and duration sufficient to support and that under normal circumstances does support, a <br />prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands <br />generally include swamps, marshes, bogs and similar areas. <br /> <br />Sec. 34-191. Penal provisions applicable. <br /> <br />(a) Any person who violates any provision of this article shall be guilty of an offense and <br />upon conviction thereof, shall be punished by a fine of not less than $250.00 nor more <br />than $2,000.00 for each violation. Each day in which any violation shall occur shall <br />constitute a separate offense. Prosecution or conviction under this section shall not <br />preclude any civil remedy or relief for a violation of this article. <br /> <br />(b) In addition to criminal prosecution, where applicable, the city shall have the right to seek <br />the judicial remedies provided in section 34-192 of this Code for any violation of this <br />article. <br /> <br />Sec. 34-192. Judicial provisions applicable. <br /> <br />(a) The city, acting through the city attorney or any other attorney representing the city, is <br />hereby authorized to file an action in a court of competent jurisdiction to: <br /> <br />(1) Enjoin any person from violating or threatening to violate the terms, conditions <br />and restrictions of any permit issued under this article; <br /> <br />(2) Enjoin the violation or threatened violation ofthe provisions of this article; or <br /> <br />(3) Recover civil penalties for violation of the terms, conditions and restrictions of <br />any permit issued under this article; <br /> <br />(4) Recover civil penalties for violation for the provisions of this article; or <br /> <br />(5) Recover damages from the owner of a parcel in an amount adequate for the city to <br />undertake any construction or other activity necessary to bring about compliance <br />with this chapter. <br /> <br />6 <br />