(A) General penalty.
(1) Penalty imposed. Whenever in this code, in any ordinance of the town, or in any rule or regulation promulgated pursuant to this code, any act or failure to do a required act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided herein or therefor, the violation of any such provision of this code or any ordinance or rule shall be punishable by a fine not exceeding $500, except where another specific penalty is established in this code. If a penalty is limited by state law, such violations shall be punishable by a fine not to exceed the maximum permitted by state law. Each day any person is in violation of any provision of this code, and each day any such violation occurs or continues to exist, shall be a separate offense.
(2) Prohibited acts include causing, permitting or concealing. Whenever in this code any act or omission is made unlawful or prohibited, it shall include causing, allowing, permitting, aiding, abetting or concealing the fact of such act or omission.
(3) License suspension or revocation. The suspension or revocation of any license, certificate or other privilege conferred by the town shall not be regarded as a penalty for the purposes of this code, but shall be in addition thereto.
(Prior Code, § 1-4-1)
(B) Civil relief from violations. No penalty imposed by or pursuant to division (A) above or any other section of this code or other ordinance of the town shall interfere with the right of the town to apply to the proper courts of the state for a writ of mandamus, an injunction or other appropriate relief in the case of violations of this code or other ordinances.
(Prior Code, § 1-4-2)
(C) Territorial applicability. Except as provided otherwise, this code refers only to the commission or omission of acts within the territorial limits of the town and to that territory outside the town over which the town has jurisdiction, ownership or control by virtue of any constitutional or statutory provision, or any law.
(Prior Code, § 1-4-3)
(D) Application of provisions.
(1) Application of penalty. The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section.
(2) Acts punishable under different sections. In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.
(3) Breach of provisions. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code, and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply.
(Prior Code, § 1-4-4)
(E) Liability of officers. No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the Town Board to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
(Prior Code, § 1-4-5)