Sec. 1-8. Penalties for violation of Code.

   (a)   In this section, the term "violation of this Code" means:

      (1)   Doing an act that is prohibited or made or declared to be an unlawful act, an offense, or a violation of this Code by ordinance or by rule or regulation authorized by ordinance;

      (2)   Failure to perform an act that is required to be performed by ordinance, rule, or regulation authorized by ordinance; or

      (3)   Failure to perform an act if the failure is declared a violation of this Code, an offense, or an unlawful omission by ordinance, rule, or regulation authorized by ordinance.

   (b)   The term "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 or it is clear from the context of this Code that it is the intent of the city to impose the penalty provided for in this section upon the city officer or city employee.

   (c)   Except as otherwise provided, a person convicted of a violation of this Code shall be punished by a fine not exceeding $500.00, except that if the violation of this Code:

      (1)   Governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, a person convicted of a violation of this Code shall be punished by a fine not exceeding $2,000.00, unless provided otherwise.

      (2)   Governs the dumping of refuse, a person convicted of a violation of this Code shall be punished by a fine not exceeding $4,000.00, unless provided otherwise.

   (d)   No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.

   (e)   Except as otherwise provided:

      (1)   With respect to violations that are continuous with respect to time, each day that the violation continues is a separate offense.

      (2)   As to other violations, each act is a separate offense.

   (f)   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 and by such other means as are provided by law.

   (g)   The imposition of a penalty does not prohibit equitable relief.

   (h)   The imposition of a penalty does not prohibit revocation or suspension of a license, permit, or franchise or the imposition of other administrative sanctions.

(Prior Code, § 12-5; Ord. No. 79-83, § 1, 10-11-1983; Ord. of 10-22-1985)

State law reference(s)—Penalty for ordinance violations, Texas Local Government Code § 54.001.