(A) Offenses designated by ordinances; penalties. The city may make the violation of any of its ordinances or code a misdemeanor or a violation by the express terms of the ordinance. When the offense is designated by the ordinance as a misdemeanor, a criminal fine not to exceed $500 or a term of imprisonment not to exceed 12 months or both may be imposed for the offense. When the offense is designated by ordinance as a violation, a criminal fine not to exceed $250 may be imposed for the offense.
(B) Offenses not designated by ordinance; penalties. If any city ordinance or this code fails to prescribe any penalty for noncompliance with its provisions, any noncompliance shall be deemed a violation and a criminal fine not to exceed $250 may be imposed for the offense.
(C) Penalties for violation deemed criminal; exceptions.
(1) Where any city ordinance or this code prescribes a penalty for violation or noncompliance, such penalty shall be deemed a criminal penalty, not a civil penalty, unless the ordinance clearly states that a civil penalty attaches to such violation or noncompliance.
(2) As an alternative to or in conjunction with the criminal penalties authorized in this chapter, an ordinance may provide by its express terms that a violation shall subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within a prescribed period of time after he or she has been cited for the violation of the ordinance.
(3) Where the amount of a civil penalty is not stated in the ordinance, the civil penalty shall be the amount of the minimum criminal penalty for such violation, but not less than $25.
(D) Conflict with state provisions. Notwithstanding the provision of any ordinance hereafter of heretofore enacted, no city ordinance shall impose a fine, penalty, forfeiture, or term of imprisonment less than or greater than that imposed by state statute for the same offense, and where the fine provided by city ordinance is different, the fine, penalty, forfeiture, or term of imprisonment provided by state statute shall apply.
(E) Continuing violations. Any continuing violation of a city ordinance or this code shall be considered as a separate and distinct offense for each day a violation of the ordinance occurs or continues.
(2008 Code, Chapter 1.12)