(A) Generally.
(1) Penalty imposed. Except as otherwise provided by state law, whenever in this code or in any ordinance of the town an act is prohibited or is made or declared to be unlawful, an offense or a misdemeanor, or whenever in this code or ordinances the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any provision of this code or of any ordinance, upon conviction, shall be punished by a fine not exceeding the legal maximum amount as established from time to time by state laws for a court not of record in the state. Each day or any portion of a day during which a violation of this code or any ordinance continues shall constitute a separate offense.
(2) Aiding or abetting a violation. Any person who shall aid, abet or assist in the violation of any provision of this code or any other ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in this section.
(Prior Code, § 1-4-1)
(B) Fines recoverable by civil action. All fines shall be recoverable by civil action before any court of competent jurisdiction in addition to any other method provided by law.
(Prior Code, § 1-4-2)
(C) Application of provisions.
(1) Application of penalty. The penalty provided in this section shall be applicable to every section of this town code the same as though it were a part of each and every separate section.
(2) 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 town 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.
(3) 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 town code and there is no fine or penalty specifically declared for such breach, the provisions of this section shall apply.
(Prior Code, § 1-4-3)
(D) Liability of officers. No provision of this town code designating the duties of any officer or employee shall be construed so 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 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.
(Prior Code, § 1-4-4)
(Ord. 10-02, passed - -)