§ 10.999 GENERAL PENALTY AND ENFORCEMENT.

   (A)   General penalty.

      (1)   Misdemeanors. Unless another penalty is expressly provided in this code and except for the provisions of division (A)(2) below, any person violating any provisions of this code or any rule or regulation adopted or issued in pursuance thereof or any provision of any code adopted herein by reference shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than 90 days or both.

      (2)   Petty misdemeanors. Any person convicted of a petty misdemeanor shall be subject to a fine of not more than $300.

      (3)   Administrative offenses. Any person violating an administrative rule shall be subject to the scheduled penalty established in the city’s fee schedule.

      (4)   Separate violations. Unless otherwise provided, each act of violation and every day upon which a violation occurs or continues constitutes a separate offense.

      (5)   Failure of officers to perform duties. The failure of any officer or employee of the municipality to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for violation of this code unless a penalty is specifically provided for the conduct or omission.

      (6)   Non-peace officer citations or administrative offenses.

         (a)   Non-peace officer employees that are specifically authorized herein may issue citations or administrative offenses as authorized pursuant to the following sections, chapters and titles of this code:

Administrative offenses, § 130.002	As set forth in § 130.002
Animals and animal control, §§ 90.001—90.007	Code Enforcement Officer
Bowling alleys, §§ 111.045—111.050	City Administrator
Building Code, §§ 150.001—150.007	Building Official
Building numbers, §§ 150.020—150.022	Code Enforcement Officer
Building permits and fees, §§ 150.050—150.054	Building Official, Electrical Inspector
Building relocation, §§ 150.035—150.037	Building Official
Electric franchise, TSO Table I	City Administrator
Floodplain zoning, Ch. 154	Director of Public Works/Parks and Recreation, City Planner
Garbage and rubbish, §§ 50.001—50.006	City Administrator
Gas franchise, TSO Table I	City Administrator
Gasoline stations, §§ 112.001—112.006	City Administrator
Intoxicating liquor, §§ 110.015—110.030	City Administrator
Land subdivisions, Ch. 158	City Planner
Municipal sanitary sewer system, Ch. 52	Building Official, Public Works Director/Parks and Recreation, Finance Director/Treasurer
Municipal water system, Ch. 51	Building Official, Public Works Director/Parks and Recreation, Finance Director/Treasurer
New and used cars dealers, §§ 112.020—112.025	City Administrator
Non-intoxicating liquor, §§ 110.045—110.055	City Administrator
Parking regulations, §§ 71.001—71.009	Code Enforcement Officer
Rides, carnivals and circuses, §§ 111.065—111.071	City Administrator
Signs and billboards, Ch. 161	City Planner
Streets openings, §§ 152.001—152.004	Driveways: Building Official
Surface water drainage management and development control, Ch. 155	City Engineer
Swimming pools, Ch. 162	Building Official
Tree disease control, §§ 153.001—153.009	Director of Parks, Recreation and Forestry
Wetland zoning regulations, Ch. 159	Director of Public Works/Parks and Recreation, City Planner
Zoning regulations, Ch. 160	City Planner

 

         (b)   In the event that non-peace officer employee position is vacant, the City Administrator or a designee is authorized to issue citations as provided in this division (A).

(Prior Code, § 104.01)

   (B)   Application of provisions.

      (1)   The penalty provided in this section shall be applicable to every section of this municipal code the same as though it were a part of each and every separate section.

      (2)   The penalties provided by this section or any section of this code apply to the amendment of any section of this code or any code adopted herein by reference to which the penalty relates, whether or not the penalty is re-enacted in the amendatory provision, unless otherwise provided in the amendment.

      (3)   Reference to any sections of this code shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided.

      (4)   In all cases where the same offense is made punishable or is created by different clauses or sections of this municipal 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.

      (5)   Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this municipal code and there shall be no fine or penalty specifically declared for the breach, the provisions of this section shall apply.

(Prior Code, § 104.02) (Ord. 434, passed 06-27-1988; Ord. 844, passed 05-20-2010; Ord. 943, passed 05-29-2018)