CHAPTER 4
GENERAL PENALTY
SECTION:
1-4-1: Penalties
1-4-2: Application of Provisions
1-4-3: Liability of Officers
1-4-1: PENALTIES: 1
   A.   Violations Deemed Misdemeanors Unless Otherwise Specified: It shall be unlawful to violate any provision, requirement, duty or standard contained in this Code. Any violation of this Code shall be deemed a misdemeanor unless otherwise specified. Unless otherwise provided in this Code, any person convicted of a violation of any section or provision of this Code deemed a misdemeanor may be fined in a sum not to exceed one thousand dollars ($1,000.00) for any offense and may be confined in the County jail for a period of not more than six (6) months. Either or both such fine and imprisonment may be imposed; and in addition thereto, any person so convicted shall pay such costs as the court may assess.
   B.   License Revocation: When a person is convicted of a violation of any section of this Code under which a license is required, any license previously issued to him by the Municipality may be revoked by the court or by the Municipal governing body. (1959 Code §1-805)
   C.   Violations Deemed Infractions: Except for parking violations, when the offense is designated as an infraction by any section or provision of this Code or by State law, it is punishable only by the penalties set forth below or as provided in State Code and no incarceration may be imposed.
      1.   For a first offense of any provision designated an infraction of this Code, a fixed penalty of one hundred fifty dollars ($150.00), plus any such costs as the court may assess.
      2.   For second and subsequent infraction violations of this Code, a fixed penalty of three hundred dollars ($300.00), plus any such costs as the court may assess.
   D.   Parking Violations Deemed Infractions:
      1.   Failure of the owner or operator to pay a parking fine within the time allotted under Title 10, Chapter 4 of this code shall be an infraction, the fixed penalty for which shall be fifty dollars ($50.00), plus any such costs as the court may assess. (Ord. 597, 7-15-2019)

 

Notes

1
1. I.C. §50-302.
1-4-2: APPLICATION OF PROVISIONS:
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. Any person convicted of a violation of any section of this City Code where any duty is prescribed or obligation imposed, or where any action which is of a continuing nature is forbidden or is declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this City Code.
In all cases where the same offense is made punishable or is created by different clauses or sections of this City Code, the City Attorney 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.
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 Chapter shall apply. (1990 Code)
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