(A) Penalties generally.
(1) Misdemeanor. Unless specifically provided elsewhere, 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 $300 for any offense and may be confined in jail for a period of not more than six 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.
(2) Infraction. 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 a penalty not exceeding $100 and no incarceration may be imposed.
(3) Criminal or civil penalty. Any city which is participating in a federally mandated program, wherein penalties or enforcement remedies are required by the terms of participation in the program, may enforce such requirements by ordinance, to include a criminal or civil monetary penalty not to exceed $1,000, or imprisonment for criminal offenses not to exceed six months or to include both a fine and imprisonment for criminal offenses.
(Prior Code, § 1-4-1)
(B) Applicability of penalty.
(1) The penalty provided in this section shall be applicable to every section of this code the same as though it were a part of each and every separate section.
(2) Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this section shall apply.
(Prior Code, § 1-4-2)
(C) Prosecutorial discretion. 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.
(Prior Code, § 1-4-2B)
(D) Penalty against officers. No provision of this code designating the duties of any officer or employee shall be so construed 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 City Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
(Prior Code, § 1-4-3)