(a) If the Mayor has reason to believe that a person has violated any of the requirements in § 50-403 or § 50-404, the alleged violation shall be enforced in accordance with Chapter 23 of this title, and rules issued by the Mayor pursuant to § 50-409. Any person who is determined by the Mayor, after notice and opportunity to be heard, to have violated § 50-403 or § 50-404, shall be liable to the District for a civil fine of not less than $100 nor more than $1000 for the first violation, of not less than $500 nor more than $2000 for the second violation, or of not less than $1000 nor more than $5000 for the third or a subsequent violation.

(b)(1) As an alternative sanction, any person who knowingly or willfully violates § 50-403 or § 50-404 shall be guilty of an offense and, upon conviction, may be:

(A) Fined not less than $100 and not more than the amount set forth in § 22-3571.01, imprisoned for not more than 6 months, or both, for the first violation;

(B) Fined not less than $500 and not more than the amount set forth in § 22-3571.01, imprisoned not less than 6 months nor more than 9 months, or both, for the second violation; or

(C) Fined not less than $1000 and not more than the amount set forth in § 22-3571.01, imprisoned for not less than 9 months nor more than 1 year, or both, for the third or a subsequent violation.

(2) Prosecutions for violations of this subsection shall be brought by the Corporation Counsel.

(Sept. 20, 1990, D.C. Law 8-161, § 6, 37 DCR 4665; June 11, 2013, D.C. Law 19-317, § 263, 60 DCR 2064.)

1981 Ed., § 40-1805.

This section is referenced in § 16-801.

The 2013 amendment by D.C. Law 19-317 substituted “and not more than the amount set forth in § 22-3571.01” for “nor more than $1000” in (b)(1)(A), for “nor more than $2000” in (b)(1)(B), and for “nor more than $5000” in (b)(1)(C).

For temporary (90 days) amendment of this section, see § 263 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.