A. Classification Of Violations; Confinement:
1. Specified: For the purpose of sentencing, the following classes of violations and the punishment and the terms of confinement authorized for each class are established:
a. Class A, the sentence for which shall be a definite term of confinement in the County jail, which shall be fixed by the court and shall not exceed one year.
b. Class B, the sentence for which shall be a definite term of confinement in the County jail, which shall be fixed by the court and shall not exceed six (6) months.
c. Class C, the sentence for which shall be a definite term of confinement in the County jail, which shall be fixed by the court and shall not exceed one month.
d. Unclassified violations, which shall include all crimes declared to be violations without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime. If no penalty is provided in such law, the sentence shall be the same penalty as provided herein for a Class C violation.
B. Fines:
1. Specified: A person who has been convicted of a violation may, in addition to or instead of the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:
a. For a Class A violation, a sum not exceeding two thousand five hundred dollars ($2,500.00).
b. For a Class B violation, a sum not exceeding one thousand dollars ($1,000.00).
c. For a Class C violation, a sum not exceeding five hundred dollars ($500.00).
d. For an unclassified violation, any sum authorized by the statute that defines the crime. If no penalty is provided in such law, the fine shall not exceed the fine provided herein for a Class C violation.
2. Alternative: As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum not exceeding double the pecuniary gain derived from the crime by the offender. (1998 Code)
A. 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.
B. In all cases where the same offense is made punishable or is created by different clauses or sections of this City 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.
C. 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. (1998 Code)
No provision of this City 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. (1998 Code)