(A) Penalty imposed. Whenever in this code or in any ordinance of the town an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this code or the ordinances of the town the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision shall be punishable by a fine of not exceeding $750; provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.
(B) Continuing violation. Each day any violation of any provision of this code or any ordinance shall continue shall constitute a separate offense.
(C) Nuisance abatement. In the event that any such violation is designated as a nuisance under any provision of this code or any ordinance of the town, such nuisance may be summarily abated by the Police Department of the town.
(D) Additional charge. In addition to any fine imposed under this section, such violator shall be taxed not exceeding $10 in costs.
(Prior Code, § 1-4-1) (Ord. 394, passed 12-3-2020)
Statutory reference:
Related provisions, see Wyo. Stat. §§ 6-10-103 and 15-l-103(a)(xli)
(A) Application of penalty. The penalty provided in § 1-4-1 shall be applicable to every section of this code the same as though it were a part of each and every separate section.
(B) 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 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) 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 code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply.
(Prior Code, § 1-4-2)
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 failure to perform such duty, unless the intention of the Town 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)
(A) Generally. Whenever any officer or employee of the town is authorized to enter any building or premises for the purpose of making an inspection to enforce any ordinance, he or she may enter such building or premises at all reasonable times to inspect the same; provided, that he or she shall effect entry in the manner provided in division (B) below, except in emergency situations, or when consent of the person having charge or control of such building or premises has been otherwise obtained.
(B) Procedure.
(1) If the building or premises to be inspected is occupied, the authorized officer or employee shall first present proper credentials and demand entry; and if such building or premises is unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry.
(2) If consent to such entry is not given, the authorized officer or employee shall have recourse to every remedy provided by law to secure entry.
(C) Refusal or failure to consent. This section shall be controlling over any other ordinance or part of an ordinance on the same subject, whether heretofore or hereafter adopted, unless such ordinance or part of an ordinance provides differently by an express reference to this section. Notwithstanding any other ordinance of the town, whether heretofore or hereafter adopted, it shall not be a violation of this section to refuse or fail to consent to an entry for inspection.
(Prior Code, § 1-4-4)