A. 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 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.
B. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of an ordinance of the city of Pocatello, is guilty of a misdemeanor, except for violations of those offenses deemed infractions by state law. Any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine of not to exceed one thousand dollars ($1,000.00) or by incarceration in the county jail not to exceed six (6) months, or by both such fine and imprisonment. Any person convicted of an infraction pursuant to state law or under the ordinances of the city shall be punished pursuant to the provisions of Idaho infraction rule 9.
C. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he is punishable accordingly. (Ord. 2849 § 1, 2008: Ord. 2771 § 2, 2005: 1983 Code: prior code § 1-1-7)