Chapter 1.05
General Penalties
Sections:
1.05.020 Limitation of penalties.
1.05.030 No limitation of remedies.
1.05.010 Penalties.
Except as otherwise specified, the penalty for violation of any provision of this code or other ordinance shall be a fine not to exceed $500.00 for any one offense, each day constituting a separate offense. [Ord. 779 § 1, 2019; Ord. 749 § 1, 2014.]
1.05.020 Limitation of penalties.
Where any City offense is substantially similar to an offense defined by State statute, the maximum and minimum penalties of both fines and terms of imprisonment shall be limited to the maximum and minimum penalties provided for in the substantially similar State statute. The provisions of this section shall not be construed to affect penalties provided by this code or other ordinance which are less severe than the penalties provided for in a substantially similar state statute. For purposes of this section, a State statute is substantially similar to a City ordinance if the same conduct is proscribed and the elements of the crime, offense, violation, or infraction are the same. [Ord. 749 § 1, 2014.]
1.05.030 No limitation of remedies.
The penalties provided for by BMC 1.05.010 are in addition to and not in lieu of any other remedies the City may have under the Brownsville Municipal Code or other laws or regulations. [Ord. 749 § 1, 2014.]
1.05.040 Enforcement.
A. The City Administrator may direct the City Attorney to institute any necessary legal proceedings to enjoin or remedy violations of this code or other ordinances.
B. Any peace officer of this State may issue a citation pursuant to this chapter.
C. The City Administrator, and any other person designated in writing by the City Administrator, is an enforcement officer and specifically authorized to issue citations for violations of this code.
D. Notwithstanding any limitations under ORS 9.160 or 9.320, in any trial of a violation, and in any enforcement proceeding, the code enforcement officer who issued the citation for the violation may present evidence, examine and cross-examine witnesses, and make arguments on behalf of the City. [Ord. 779 § 2, 2019; Ord. 749 § 1, 2014.]