(A) General and specific penalties.
(1) Penalty imposed. Except as otherwise provided by state law, whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in the code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any provision of this code or of any ordinance, upon conviction, shall be punished by a fine not exceeding $250, including costs. Each day or any portion of a day during which any violation of this code or of any ordinance shall continue shall constitute a separate offense.
(2) Specific penalties. Specific penalties for violations of specific provisions of this code may be adopted by the City Council from time to time by motion or resolution. Such specific penalties as adopted or amended are adopted and incorporated herein by reference. A complete listing of fines shall be available for public viewing in the City Clerk’s office.
(3) Aiding or abetting violation. Any person who shall aid, abet or assist in the violation of any provision of this code or any other ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in this section.
(4) Incarceration fees. Any person who is incarcerated in any jail for violating any provisions of this code shall be responsible for the jailing facility’s incarceration fees associated with said violation and detention. Said incarceration fees shall be additional to the fine and court costs associated with the code violation at issue.
(Prior Code, § 1-4-1)
(B) Fines recoverable by civil action. All fines shall be recoverable by civil action before any court of competent jurisdiction in addition to any other method provided by law.
(Prior Code, § 1-4-2)
(C) Application of provisions.
(1) Application of penalty. The penalty provided in this chapter shall be applicable to every section of this city 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 city 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.
(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 city code and there shall be no fine or penalty specifically declared for such breach, the provisions of this section shall apply.
(Prior Code, § 1-4-3)
(Ord. 590, passed 2-18-1997; Ord. 883, passed 7- -2023)