§ 66-59. Penalty.

(a)

Any violation of this article shall constitute a misdemeanor punishable, upon conviction, by a fine as provided in section 1-14. However, any conduct proscribed under this article which also constitutes an offense under state law shall not be prosecuted under this article, but shall be prosecuted pursuant to and punishable as provided by the applicable state law. An offense under this article is not a lesser included offense under V.T.C.A., Health and Safety Code §§ 481.001 et seq., 483.001 et seq. or 484.001 et seq.

(b)

In setting the amount of the penalty for violation of this article, the city council affirmatively finds that this article governs conduct involving trafficking in illegal and dangerous chemical substances that poses a serious threat to the public health and that it is therefore appropriate to proscribe the maximum fine as provided in section 1-14 for a violation of this article pursuant to the authority granted by V.T.C.A., Local Government Code § 54.001.

(c)

Each separate package, container, or other separate unit containing a prohibited substance shall constitute a separate and distinct offense. Each separate package, container, or other separate unit of an improperly displayed or labeled herbal incense shall constitute a separate and distinct offense.

(d)

Prosecution or conviction under this article is cumulative of and shall never be a bar to any other civil or administrative remedy provided or allowed by law.

( Ord. No. 12,710 , § 2, 11-17-14)