CHAPTER 4
PENALTIES FOR VIOLATION OF CODE

SECTION:

1-4-1: General Penalty

1-4-2: Application Of General Penalty Provisions

1-4-3: Definitions

1-4-4: Municipal Infractions; Penalties

1-4-5: Civil Citations; Service And Requirements

1-4-6: Court Proceedings

1-4-7: Disposition Following Judgment

1-4-8: Appeals Following Judgment

1-4-9: Issuance Of Civil Citations Not Grounds For Further Legal Action

1-4-10: Environmental Actions

1-4-1: GENERAL PENALTY:

Unless specifically provided elsewhere, any person prosecuted and found to have been in violation of any of the terms and provisions of this code or failing to comply with any of the mandatory requirements of the ordinances of the city, shall be guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500.00), payable to the city, or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be deemed to be a separate offense. (Ord. 09-20, 10-19-2009)

1-4-2: APPLICATION OF GENERAL PENALTY PROVISIONS:

   A.   Unless otherwise provided, the general penalty provided in section 1-4-1 of 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.

   B.   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 misdemeanor penalty 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 code and there shall be no fine or penalty specifically declared for such breach, the provisions of section 1-4-1 of this chapter shall apply. (Ord. 09-20, 10-19-2009)

1-4-3: DEFINITIONS:

MUNICIPAL INFRACTION: Any violation of this code, as amended, which has been specifically declared to be a municipal infraction under provisions of this code.

OFFICER: Any employee or official authorized to enforce provisions of this code, as amended.

REPEAT VIOLATION: A recurring violation of the same section of this code. Each day that a violation occurs or is permitted to exist constitutes a separate and distinct infraction. (Ord. 09-20, 10-19-2009)

1-4-4: MUNICIPAL INFRACTIONS; PENALTIES:

   A.   A municipal infraction is a civil offense and for a proven violation, a civil penalty may be imposed.

   B.   For a first violation, a civil penalty of not more than three hundred dollars ($300.00) shall be imposed.

   C.   For each repeat violation, a civil penalty not to exceed five hundred dollars ($500.00) shall be imposed.

   D.   Seeking a civil penalty as authorized in this chapter does not preclude the city from seeking alternative relief from the court in the same action; provided, however, that the city must elect whether to treat a specific incident as a municipal infraction, subject to the penalty set forth in this section, or as a misdemeanor, punishable as set forth in section 1-4-1 of this chapter. If a violation is repeated, the city may treat the initial violation as a municipal infraction, and the repeat violation as a misdemeanor, or vice versa. (Ord. 09-20, 10-19-2009)