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Sec. 10-59. Penalties, injunctions and other legal actions. • Enforcement of this article shall be as follows: (a) any person who violates any provision of this article shall be guilty of a misdemeanor and shall be subject to a fine not exceeding one thousand dollars ($1,000.00), or up to 30 days imprisonment for each violation, or both. (b) The city may apply to the circuit court to enjoin a violation or threatened violation of the provisions of this article, without the necessity of showing that an adequate remedy at law exists. (c) Without limiting the remedies that may be obtained pursuant to this section, the city may bring a civil action against any person for violation of any provision of this article, or of any tern or condition of a permit, plan, or maintenance agreement. The action may seek the imposition of a civil penalty of not more than two thousand dollars ($2,000.00) against the person for each violation. (d) With the consent of any person who has violated or failed, neglected or refused to obey, or comply with any permit, obligation or a plan or agreement, or any provision of this article, the program authority may provide, in an order issued by the program authority against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified above in paragraph (c). Such civil charges shall be in lieu of any civil penalty which could be imposed under paragraph (c). ARTICLE IV. STREAM BUFFERS • Sec. 10-71. Duty to retain or establish stream buffer. (a) Except as otherwise provided in this article, any land adjacent to the following listed waters, shall provide buffers for the purposes of retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff: (1) Rivanna River (2) Moore's Creek (3) Meadow Creek (b) A required stream buffer shall be no less than one hundred (100) feet wide on each side of the stream, which buffer shall be measured horizontally from the top of the stream bank. (c) Existing stream buffers shall be retained, except as allowed in §10-74(d). (d) Each required stream buffer shall be maintained and incorporated into the design of the land development to the fullest extent possible. (e) Within a required stream buffer, no indigenous vegetation shall be disturbed or removed, except as follows: (1) activities pertaining to the management of the stream buffer, identified in §10-72 of this article (2) development activities authorized in a stream buffer, identified in § 10-74 (3) activities authorized in § 10-73 (4) tilling, planting or harvesting of agricultural or horticultural crops in home gardens. -25-