A. Violation Of Code Provisions:
1. In this section "violation of this Code" means any of the following:
a. Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
b. Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
c. Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
2. In this section, "violation of this Code" does not include the failure of a Town officer or Town employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.
B. Penalty Imposed: Except as otherwise provided, a person convicted of a violation of this Code shall be punishable by a fine not exceeding five hundred dollars ($500.00), plus costs, or imprisonment not exceeding thirty (30) days, or both the fine and imprisonment. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
C. Limitation: No penalty, including fine and costs, shall be greater than that imposed by statute for the same offense.
D. Revocation Or Suspension Of License, Permit Or Franchise: The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
E. Injunctive Relief: Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief. (2017 Code)
A. 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.
B. 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 (1) 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.
C. 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. (2017 Code)
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 of Trustees to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (2017 Code)