CHAPTER 1-3: PENALTY
SECTIONS:
1-3-1: GENERAL PENALTY; MISDEMEANORS, CIVIL VIOLATIONS, CONTINUING VIOLATIONS:
1-3-2: CIVIL VIOLATIONS; CIVIL SANCTIONS:
1-3-5: REPETITIVE OR DANGEROUS CIVIL VIOLATIONS:
1-3-7: REVOCATION OR SUSPENSION OF PERMITS:
1-3-1 GENERAL PENALTY; MISDEMEANORS, CIVIL VIOLATIONS, CONTINUING VIOLATIONS:
(A) Except as otherwise expressly provided in this code, whenever in this code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this code or any ordinance shall be a Class 1 misdemeanor and punished as Class 1 misdemeanors under state law. Each day any violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense. Unless contrary to or inconsistent with the manifest intent of the council or the context of the specific code or ordinance provision being enforced, a misdemeanor charge under this subsection shall require the unlawful act or failure to act was done in a manner which the evidence shows to have been "intentionally," "knowingly," or "recklessly," as defined in A.R.S. Title 13, Chapter 1.
(B) Except for provisions relating to civil traffic violations, whenever in this code or in any ordinance of the City, any act is made or declared a civil violation, where no specific penalty is provided for, the sanction for violation of any such provision or ordinance shall be as set forth in Section 1-3-2.
(C) In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code or any ordinance shall be deemed a public nuisance and may be, by the City, abated as provided by law and each day that such condition continues shall be regarded as a new and separate offense.
(D) In addition to a fine and/or imprisonment as set forth in subsection (A) of this section, the court, in its discretion, may sentence a defendant convicted of a misdemeanor violation of this code to a period of probation, for a term not to exceed one (1) year, and may place conditions on the defendant during said period of probation. Said conditions within the terms of probation are those intended to further the defendant’s compliance with the code provision violated.
(E) In addition to a fine and/or imprisonment as set forth in subsection (A) of this section, the court, in its discretion, may sentence a defendant to perform community service, and/or set such other conditions as a part of the court’s sentence.
(F) Violations of any provision of the City Charter, this code or of any proscription, requirement or duty set forth in any ordinance are hereby declared to be civil code infractions which may be adjudicated and enforced by the City Court using the procedures set forth in Chapter 1-14, as an additional enforcement alternative to other remedies provided in this section or remedies and procedures provided for specifically in this code or any City ordinance. Use of the civil code infraction alternative is not mandatory and shall be at the discretion of the City official undertaking enforcement action on an alleged violation of this code or other ordinances. (Ord. 687, 11-9-1964; Ord. 4330, 9-9-2003; Ord. 4995-1533, 10-11-2016)
1-3-2 CIVIL VIOLATIONS; CIVIL SANCTIONS:
Whenever in this code or any ordinance of the City, where the doing of any act or failure to do any act is declared to be a civil violation, where no specific penalty is therein provided, each such violation shall be subject to a civil sanction not less than fifty dollars ($50.00) and not to exceed two thousand five hundred dollars ($2,500.00). The imposition of a civil sanction shall not be suspended. (Ord. 2102, 8-8-1989)
1-3-3 LABOR:
Any person imprisoned under the provisions of this chapter may be put to work for the benefit of the City for the term of his imprisonment. (1964 Code)
1-3-4 DEFAULT OF PAYMENT:
In all cases of a criminal nature where a fine has been imposed as a penalty for the violation of any section of this code, except Title IX of this code, imprisonment may be ordered in lieu of nonpayment of such fine, not to exceed one day for each fifty dollars ($50.00) for each day of actual confinement. Any person who shall be committed to custody for nonpayment of such fine imposed may be released at any time prior to the termination of the period for which committed by paying the amount of the fine imposed less fifty dollars ($50.00) for each day of confinement actually served. (Ord. 687, 11-9-1964)
1-3-5 REPETITIVE OR DANGEROUS CIVIL VIOLATIONS:
(A) A repetitive civil violation or civil violations of an immediate threat to the public health, safety or welfare may, in the alternative, be alleged as a misdemeanor offense proceeding under this section, where:
1. The civil violator has been previously found liable for three (3) previous violations of the same section, or
2. Where a civil violation threatens the immediate public health, safety or welfare of the City.
(B) A proceeding brought under subsection (A)1 or (A)2 of this section shall be subject to the rules of criminal procedure. (Ord. 687, 11-9-1964)
1-3-6 SEVERABILITY:
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof, it being the intent of the council that the remaining portions remain in effect. (Ord. 687, 11-9-1964)
1-3-7 REVOCATION OR SUSPENSION OF PERMITS:
(A) In addition to the other remedies provided, upon default judgment or judgment, failure to comply with any term of such judgment shall result in the revocation of any permit under which the violation arose. This section is intended to supplement existing authority of city officials to issue cease and desist orders, revoke or suspend permits issued by them and is not intended, nor shall it be so construed, as abridging those rights of city officials.
(B) In addition to any other remedies provided, the department head under whose department a permit has been issued may suspend or revoke any such permit upon that department head making an administrative determination that a violation of this code, rule or regulation, state statutes, condition of permit approval, work in excess of the permit (for which a permit would otherwise have been required), has occurred, or the work is being performed in such a manner as to constitute a danger to the public. Written notice of such suspension or revocation shall be delivered to the permit holder either personally or via certified mail. If the permit holder wishes to appeal such decision, such appeal must be in writing, delivered to the city manager within five (5) business days of delivery or mailing of such decision. The city manager shall render a decision within five (5) business days of receipt of the appeal, or within five (5) business days of receiving any additional information from the appellant if such additional information is requested by the manager. (Ord. 687, 11-9-1964; Ord. 2102, 8-8-1989; amd. Ord. 3690, eff. 12-12-1997)