1-4-100 Interpretation of language.

   Whenever any words in any section of this Code import the plural number, the singular shall be deemed to be included, and whenever the singular shall be used, it shall be deemed to include the plural.

   Whenever the masculine gender is used in this Code, all genders shall be deemed to be included.

   Words in the present tense shall be deemed to include the future tense.

   The words "written" and "in writing" may include printing.

   Except as otherwise explicitly provided in this Code, the word "shall" as used in this Code is mandatory.

   Headings provided in the various sections of this Code are for convenience and reference only and should not be considered part of the text of any section.

   References in this Code to wards by number, without an accompanying boundary or other geographic description, shall be deemed to refer to the geographic configuration of the referenced ward at the time the ordinance containing that ward reference was enacted into law.

   References in this Code to the power to close a business, establishment or premises, in whole or in part, for engaging in unlicensed business activity in violation of this Code, including but not limited to violation of Title 4 or Title 9 of this Code, shall include, without limitation, the power to issue a cease and desist order or any other lawful order necessary or appropriate to accomplish the closure.

(Added Coun. J. 6-27-90, p. 17764; Amend Coun. J. 5-9-12, p. 27485, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. XIII, § 1; Amend Coun. J. 10-7-20, p. 21440, § 1)

1-4-110 References to sections include penalty references – Exceptions.

   Reference to any section of this Code shall be understood to refer to and include the penalty provision relating thereto, unless otherwise expressly provided. In case of the amendment of any section of this Code containing provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the section so amended, whether reenacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein.

(Added Coun. J. 6-27-90, p. 17764)

1-4-120 Penalty for violation of Code.

   Whenever in any section of this Code the doing of any act or the omission to do any act or duty is declared to be a violation thereof, and there shall be no fine or penalty declared for such violation, any person who shall be convicted or found liable of any such violation shall be fined not less than $25.00 nor more than $500.00 for each such violation.

   A penalty imposed for the violation of any provision of this Code may include or consist of a requirement that the defendant perform reasonable community service. Such community service may include, but shall not be limited to, the removal of litter on public property or the maintenance of public facilities. In every case brought under this Code, where community service is part of a disposition, the corporation counsel shall request that the service be performed in the same community where illegal conduct giving rise to the case occurred.

   A penalty imposed for the violation of any provision of this Code may include an assessment of costs reasonably related to instituting the judicial or administrative proceeding resulting in the imposition of the penalty.

   In any case that this Code specifies a mandatory fine, mandatory period of incarceration or other mandatory penalty for a code violation, any requirement of community service or assessment of costs imposed for the Code violation pursuant to this section shall be in addition to the mandatory penalty.

   Whenever this Code refers to an offense, violation or conviction for purposes of establishing a penalty for a violation of this Code, the offense, violation or conviction may either be the result of an administrative hearing or a court proceeding.

(Added Coun. J. 6-27-90, p. 17764; Amend Coun. J. 6-10-96, p. 23797; Amend Coun. J. 7-10-96, p. 24987; Amend Coun. J. 4-29-98, p. 66566; Amend Coun. J. 6-9-99, p. 5102)

1-4-125 Restitution – License or permit violations.

   (a)   Any person who violates any provision of this Code by failing to obtain a license or permit when required by the Code, or by failing to obtain any insurance required under any permit or license issued to such person, shall in addition to any fine or penalty specified by this Code, be required to make restitution to the city in the full amount of all liabilities, judgments, settlements, costs, damages and expenses which may in any way come against the city, in whole or in part as a result of any act, omission or thing done by said person, for which the license or permit was required.

   (b)   The restitution requirement of this section shall apply whether or not any negligence on the part of the city or its officers or employees also contributed in part to any such liabilities, judgments, settlements, costs, damages and expenses.

(Added Coun. J. 1-14-04, p. 17349, § 1)

1-4-130 Maximum fine or penalty.

   Whenever in this Code a minimum but no maximum fine or penalty is imposed, the court may in its discretion fine the offender any sum of money exceeding the minimum fine or penalty so fixed, but not exceeding the sum of $500.00.

(Added Coun. J. 6-27-90, p. 17764)

1-4-140 Offenses having two penalties.

   In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the corporation counsel may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.

(Added Coun. J. 6-27-90, p. 17764)

1-4-145 Reserved.

Editor’s note – Coun. J. 11-26-19, p. 11547, § 1, repealed § 1-4-145, which pertained to failure to appear at a hearing.