(A) Except as otherwise provided by state law, wherever in this code or in any ordinance of the city, or rule or regulation promulgated by an officer or agency thereof under the authority invested by law or ordinance, any act is prohibited or is made or declared to be unlawful or an offense, or 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 such provision of this code, ordinance, rule or regulation is declared to be punishable by a fine not exceeding $100, plus costs, for the first judgment within a 12 month period. The second judgment of a violation of the same provision of this code, rule or regulation which violation occurs within 12 months after the first judgment will be punishable by a fine not exceeding $1,000, plus costs. A third conviction of a violation of the same provision of this code, rule or regulation which violation occurs within 18 months after the first judgment will be punishable by a fine not exceeding $1,000, plus costs. Every day any violation of this code or any such ordinance, rule or regulation shall continue shall constitute a separate offense. In any prosecution based upon this section it shall be necessary to allege only the first day with respect to which any fine is assessable, and upon judgment, the offender shall be assessed for that day and each day subsequent thereto with respect to which it is proven and found that the person did commit such violation.
(B) In all cases where the same offenses may be made punishable or may be created by different clauses or sections of the ordinances of the city, 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.
(`94 Code, § 10.99) (Am. Ord. 14-1996, passed 12-16-96)