(A) General penalty.
(1) Misdemeanor.
(a) 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 $1,000 for any single offense and may be confined in the county jail for a period of not more than six months.
(b) 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 to exceed $300, and no incarceration may be imposed.
(3) Federally mandated programs. 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) Application of penalty provisions.
(1) Applicability. The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this code where any duty is prescribed or obligation imposed or where any action which is of a continuing nature is forbidden or is declared to be unlawful shall be deemed guilty of a misdemeanor, unless otherwise provided. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this code.
(2) Breach of section. 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.
(3) One recovery for same offense. 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, 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, § 1-4-2)
(C) Liability of 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)
(D) Rate of credit on fine for days in jail. In default of the payment of any fine and the costs of prosecution, or either of them, upon conviction under any of the ordinances of the city, the defendant shall be committed to the county jail at the rate of not less than one day for each $35 of such fine and costs, or at a rate then applicable to a detention facility wherein the defendant is committed.
(Prior Code, § 1-4-4)
(Ord. 350, passed 9-14-1959)