(A) Generally; continuing violations.
(1) Except as otherwise provided, a person convicted of a violation of this code shall be guilty of a class one misdemeanor, punishable by a fine not to exceed $2,500 or incarceration for a term not to exceed six months, or both such fine and incarceration.
(2) For violations of this code that are continuous with respect to time, each day the violation continues is a separate offense.
(B) Civil sanctions.
(1) Violations of this code for which a civil sanction is imposed shall be treated as a civil offense and hearings and appeals shall be conducted in accordance with the rules of procedure in civil traffic violation cases as set forth in the Arizona Revised Statutes, rules of procedure in civil traffic cases.
(2) A person who commits a violation of this code after previously having been found responsible for committing three or more civil violations of this code within an 18-month period, whether by admission, by payment of the sanction, by default or by judgment after hearing, shall be guilty of a class one misdemeanor. For purposes of calculating the 18-month period under this subsection, the dates of the commission of the offenses are the determining factor.
(3) Any person violating any of the provisions of this code which are designated as subject to civil sanction or penalty shall be punished by imposition of a civil sanction not to exceed $500, unless another penalty is specified.
(a) Any person who fails to comply with payment of a civil sanction shall be guilty of violating A.R.S. § 13-2810, interference with judicial proceedings. Such conviction shall not preclude the imposition of the assessment of a default fee and/or other fees as set forth below.
(b) In addition to any civil sanction imposed, the municipal court shall assess a default fee of not less than $75 for a failure to pay any civil sanction imposed by the court.
(c) A judge or hearing officer may waive all or part of the default fee if the payment of the fee would cause a financial hardship to the defendant.
(d) If the court refers any delinquent fine, fee, sanction, penalty or restitution for collection, any collection or attorney costs are recoverable from the defendant and may be added to any balance due from the defendant to the court.
(e) The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
(f) Violations of this code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.
(Ord. 01-2009, passed 5-14-2009; Ord. 01-2017, passed 4-13-2017)