A. General Penalty.
1. Unless another penalty is specifically provided by this code for violation of any particular provision, section or chapter, any person found guilty in a judicial proceeding of violating any provision of this code, or any rule or regulation adopted or issued in pursuance of this code, or any provision of any code adopted in this code by reference, shall be subject to a fine of not less than twenty-five dollars ($25.00), nor more than seven hundred fifty dollars ($750.00), and the costs of prosecution. The Village Attorney or, when directed by the Village Manager, the Village Prosecutor may file a civil action to recover any penalty or fine against any such person; provided, however, that the filing of such civil action shall preclude incarceration or imprisonment.
2. Unless another penalty is specifically provided by this code for violation of any particular provision, section or chapter, any person who, in an administrative proceeding in the Administration Adjudication System established by Chapter 2.72 of this code, is found liable for violating any provision of this code, or any rule or regulation adopted or issued in pursuance of this code, or any provision of any code adopted by reference by this code, shall be subject to a fine of twenty-five dollars ($ 25.00), plus the applicable administrative hearing costs established pursuant to Section 2.72.180 of this code. Notwithstanding the foregoing, in the event this code does not set a fixed fine or penalty, but sets the fine or penalty by setting a minimum amount or by establishing a range for such fine or penalty, then the fine or penalty imposed by the administrative hearing office shall be equal to the minimum fine or penalty so provided. The Village Attorney or, when directed by the Village Manager, the Village Prosecutor, may file a civil action to recover any penalty or fine against any such person; provided, however, that the filing of such civil action shall preclude incarceration or imprisonment.
B. Revocation of License. When a person is found guilty of or liable for a violation of any section of this code, any license or permit previously issued to that person by the Village may be revoked by the court or by the Village Council.
C. Each Violation. Each act of violation and each day upon which a violation occurs constitutes a separate offense. Unless otherwise specifically provided, the amount of fine established in this code are the amounts for each violation.
D. Applicability. The penalties established in this code, including but not limited to any penalty provided by this chapter shall apply to the amendment of any related section of this code or any code adopted in this code by reference whether or not the penalty is reenacted in the amendatory ordinance.
E. Reference to Section. Reference to a section of this code shall be understood also to refer to and include the penalty section relating to such section, unless otherwise expressly provided.
F. Failure of Officers to Perform Duties. The failure of an officer or employee of the Village to perform an official duty imposed by this code shall not subject such officer or employee to the penalty imposed for violation of this code unless a penalty is specifically provided in the section creating a duty.
G. Election of Remedies. Unless otherwise provided, in all cases where the same offense is made punishable, or is created by, different chapters or sections of this code, the Village Prosecutor may elect under which provision to proceed; provided, that not more than one recovery shall be had against the same person for the same offense. The revocation of a license or permit shall not be considered a recovery or penalty so as to bar any penalty being enforced.
(Ord. MC-1-2014 § 6, 2014; Ord. MC-183-97 §§ 7, 8, 1997: prior code § 1.08)