§ 30-243. Affirmative defenses to prosecution.

It is an affirmative defense to prosecution under this article that any of the following conditions apply:

(1)

For purposes of subsection 30-241(b)(1), that a valid garage sale permit was obtained prior to the sale of merchandise.

(2)

For the purposes of subsection 30-241(b)(2), that the building materials are used in active construction or demolition work performed on the property for which a permit has been issued by the city. Where materials are stored for work not requiring a permit, that the materials are stored no longer than a single period of ten consecutive days within any six-month period.

(3)

For purposes of subsection 30-241(b)(6), that the items routinely used and are not damaged or inoperable.

(4)

For purposes of subsection 30-241(b)(7), that the barbecue grill or smoker is actively being used or is mounted to an attached trailer that is licensed and is capable of being operated on the public roadway.

(Ord. No. 2012-05, § 1, 1-17-12; Ord. No. 2013-01, § 3, 1-15-13)