(a) In this section "violation of this Code" means any of the following:
(1) 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.
(2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
(3) 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.
(b) In this section "violation of this Code" does not include the failure of a city officer or city 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.
(c) Except as otherwise provided, a person convicted of a violation of this Code shall be guilty of a Class One (1) misdemeanor and punished by a fine not to exceed two thousand five hundred dollars ($2,500.00) and/or incarceration for a term not to exceed six (6) months, and/or up to three years probation. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
(d) The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
(e) Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The filing of a complaint alleging a criminal violation of this code shall not preclude a separate action seeking injunctive or other equitable relief.
(f) Habitual Offender. A person who has previously been convicted or found responsible of two or more violations of this Code within a 24-month period may be considered a Habitual Offender. A "Habitual Offender" may be guilty of a criminal misdemeanor punishable by the provisions set forth in subsection (c) of this Section. For purposes of calculating the 24-month period, the dates of offenses are the determining factor.
(Code 1977, art. 1-8; Ord. No. 03-157, 7/1/03, Amended (SUPP 2003-3); Ord. No. 2019-14, § 1, 6-4-19)
State law reference(s)—Penalties for ordinance violations, A.R.S. §§ 9-240(B)(28), 9-499.01.