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1. In this section, the expression "violation of this code" means any of the following:
a. Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
b. Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
c. Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
2. In this section, "violation of this code" does not include the failure of a city officer or city employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.
B. Penalties Designated:
1. Except as otherwise provided, a person convicted of a violation of this code shall be punished by a fine not exceeding five hundred dollars ($500.00), imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment. With respect to violations of this code that are continuous with respect to time, each day the violation continues is a separate offense.
2. The penalty for violations of an ordinance prohibiting driving a motor vehicle while under the influence of intoxicating liquor or drugs shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one hundred seventy nine (179) days, or both.
3. The penalty for violations of an industrial user wastewater pretreatment ordinance as required by the United States environmental protection agency shall be a fine of not more than one thousand dollars ($1,000.00) a day for each violation.
C. Effect Of Penalty: The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise or other administrative actions.
D. Continuous Violations; Nuisance Declared: Violations of this code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty, however, does not prevent the simultaneous granting of equitable relief in appropriate cases. (2002 Code)