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Sec. 1-8(1). Except for those acts declared to be civil infractions, whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance 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 such provision of this Code or any ordinance shall be punishable by a fine not exceeding twenty-five hundred dollars ($2,500.00) or by imprisonment for not more than six (6) months, or by a maximum of thirty-six (36) months probation or by such fine, imprisonment, and probation or combination thereof, in the discretion of the city magistrate. (Ord. No. 5716, § 2, 2-28-83; Ord. No. 7627, § 1, 5-6-91)
Sec. 1-8(2). Except for provisions relating to civil traffic violations, whenever in this Code or in any ordinance of the city any act is made or declared to be a civil infraction, where no specific penalty is provided therefor, the violation of any such provision or ordinance shall be as set out in chapter 8 of this Code. (Ord. No. 5716, § 2, 2-28-83; Ord. No. 5929, § 1, 12-19-83; Ord. No. 8154, § 1, 11-8-93)
Sec. 1-8(3). Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense. (Ord. No. 5716, § 2, 2-28-83; Ord. No. 5929, §§ 2, d, 12-19-83)
Sec. 1-8(4). In this Code, when a fine is imposed or required, it is within the discretion of the judge or hearing officer to substitute community service in lieu of any fine. Except where a different rate is expressly provided in the Code section that has been violated, the rate at which community service shall be valued as a setoff against the fine shall be ten dollars ($10.00) for each hour of community service work performed. Participation in the City of Tucson's Work Alternative Program shall qualify as community service for purposes of this section. (Ord. No. 7781, § 1, 3-16-92; Ord. No. 10378, § 1, 3-6-07)
Sec. 1-8(5). Where, pursuant to the provisions of chapter 8 of this Code, the city court orders the reimbursement of incarceration costs to the city, or imposes administrative fees, such reimbursement or fees are hereby declared to be cost recovery measures, administrative in nature, and shall not be construed as imposing a fine under subsection 1-8(1) above. (Ord. No. 8557, § 2, 8-7-95)
Editors Note: Section 1 of Ord. No. 5716, adopted Feb. 28. 1983, effective July 1, 1983. repealed former §§ 1-8, 1-8.1, relating to penalties for Code violations, derived from 1953 Code, ch. 1, § 5; Ord. No. 4923, § 1, adopted Jan. 2, 1979; and Ord. No. 5391, §§ 1, 2, adopted Aug. 3, 1981. Section 2 of Ord. No. 5716 added a new § 1-8.
Charter References: Violations of Charter and ordinances, ch. XXV, § 5.
Cross References: Administrative hearing office to hear and decide violations deemed to be civil infractions, § 28-2(2).
All persons sentenced to imprisonment or detained by the chief of police for the violation of any provision of the Charter, this Code or any other ordinance of the city, shall be imprisoned of. detained in the county jail, city jail or other appropriate detention facility in the discretion of' the city magistrate or the chief of police.
(1953 Code, ch. 1, § 10; Ord. No. 5897, § 1, 11-7-83)
Charter References: Violations of Charter and ordinances, ch. XXV, § 5.
Not less than seventy-five (75) percent of all persons confined in the city jail annex or county jail for the violation of any provision of the Charter, this Code, or any ordinance of the city shall, upon demand by the chief of police, the city magistrate, or their duly authorized representatives, perform labor on the public works of the city. Such persons shall perform such regular prisoners.
(1953 Code, ch. 1, § 11; Ord. No. 4151, § 1, 3-18-74)
Persons working on public streets, highways or doing any other work or service outside the city jail, city jail annex or county jail and without requiring armed guards, or who hold any other similar position of confidence and trust either within or without the city jail, city jail annex or county jail, shall be deemed trusties.
(1953 Code, ch. 1, § 11)
Persons to perform work or services as trusties shall be designated by the chief of police, the city magistrate, or their duly authorized representatives. Trusties who shall perform work or service upon public works shall be deemed to be under the direction and supervision of the director of public works, or his duly authorized representatives.
(1953 Code, ch. 1, § 11)
Any person who is a trusty shall be allowed double time while so employed and each day so employed shall be counted as two (2) days in computing time on his sentence. However, in case of a breach of trust, the chief of police or the city magistrate may declare all or part of the double time forfeited.
(1953 Code, ch. 1, § 11)
Neither the city, its officers, agents or employees, shall be liable in any way to the trusties, or otherwise, for any damages whatsoever which may, directly or indirectly, arise out of work or service which may be performed by trusties; in consideration of the advantages and privileges to be obtained by being a trusty, all trusties shall be required to sign a complete waiver and release, setting forth the nonliability of the city, or have their duties, rights and privileges as a trusty revoked.
(1953 Code, ch. 1, § 11)
Any person sentenced to imprisonment or detained by the chief of police, pursuant to lawful arrest, who escapes, or attempts to escape, while in the custody of the chief of police, shall be guilty of a misdemeanor.
(1953 Code, ch. 1, § 12; Ord. No. 2478, §§ 1, 2, 7-1-63)
State Law References: Assisting escape prohibited, A.R.S. § 13-2510.
All prisoners confined in the city jail or county jail shall be treated with the utmost kindness compatible with the enforcement of the rules and regulations necessary to compel discipline and obedience to the officer in charge.
(1953 Code, ch. 1, § 13)
State Law References: Abuse of prisoner prohibited, A.R.S. § 31-127.
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