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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; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provisions of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of the general penalty clause 1 shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues. (1962 Code)
Notes
| 1 | 1. See section 1-3-1 of this title for general penalty provisions. |
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 council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (1962 Code)
The City Council shall ensure an orderly transition by performing any act necessary to facilitate the enactment of the Charter of the City of Havre, as adopted on November 3, 2020, including but not limited to the following:
(A) Reviewing ordinances for repeal or amendment;
(B) Preparing and adopting new ordinances implementing the Charter;
(C) Reorganizing or transferring government powers, officers or employees, and property as necessary; and
(D) Any other action within the power of the City Council to ensure an orderly transition to the Charter form of local government. (Ord. 914, 5-17-2021)
All elements existing under the City of Havre's Commission-Executive form of government shall remain in effect after the Charter takes effect on July 1, 2021, including but not limited to:
(A) Ordinances and resolutions until repealed or amended in the manner provided by law;
(B) Any bonds, debts, contracts, obligations, or causes of action accrued or established; and
(C) All elected officers, employees, members of city boards, commissions, authorities or committees appointed by the Mayor or City Council shall occupy the same office or appointment for the same terms of office or appointment, provided that:
(1) Successors may be elected or appointed, as necessary, to fill offices or appointments at the end of the term for which the holdover officer or appointee was elected or appointed; and
(2) Elected and appointed officers who are required by law to take the oath of office will take the oath of office as officers or appointees in the Charter form of government prior to the official or appointee taking action. (Ord. 915, 5-17-2021)