CHAPTER 4
GENERAL PENALTY
SECTION:
1-4-2: Application Of Provisions
1-4-1 GENERAL PENALTIES1:
Unless otherwise specified in this code, any person who shall violate any provision of this code shall be punished pursuant to the following general penalty provisions:
A. Penalties Assessed:
1. Criminal Penalty: Unless otherwise provided, any person violating any of the provisions of this code is guilty of a misdemeanor. Any person convicted of a misdemeanor under this code shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed ninety (90) days or by both such fine and imprisonment and any other punishment allowed by law. Any person convicted of a gross misdemeanor under this code shall be punished by a fine not to exceed five thousand dollars ($5,000.00) or by imprisonment not to exceed one year, or by both such fine and imprisonment and any other punishment allowed by law.
2. Civil Penalty: Any person violating any of the provisions of this code which is designated a civil offense, shall have committed a civil infraction. Unless otherwise provided, any such person shall be assessed a monetary penalty not to exceed two hundred fifty dollars ($250.00) for each day that the violation occurs.
B. Limitation; Compliance With Statute: The provisions of subsection A of this section notwithstanding, no penalty shall be greater than that established by state statute for the same offense.
C. Separate Offense: Every person violating any of the provisions of this code is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued or permitted by any such person.
D. Nuisance: In addition to the penalties set forth in subsection A of this section, all remedies given by law for the prevention and abatement of nuisances shall apply regardless of any other remedy. (2006 Code)
1-4-2 APPLICATION OF PROVISIONS:
A. Application Of Penalty: The penalty provided in this chapter shall be applicable to every section of this city code the same as though it were a part of each and every separate section.
B. Acts Punishable Under Different Sections: In all cases where the same offense is made punishable or is created by different clauses or sections of this city 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, 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. Breach Of Provisions: Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this city code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. (2006 Code)
1-4-3 LIABILITY OF OFFICERS:
No provision of this city 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. (2006 Code)
See also section 6-3-2 of this code for classification of offenses, and penalties therefor.