Chapter 1.04
GENERAL PENALTY1

Sections:

1.04.010    General penalties.

1.04.020    Separate offense.

1.04.030    Nuisance.

1.04.040    Prosecution.

1.04.050    Definitions.

1.04.010 General penalties.

(a) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city of Davenport shall be guilty of a civil infraction.

Unless otherwise specified by city ordinance, any person who violates the provisions of any city of Davenport ordinance regulating, forbidding or prohibiting conduct shall be punished pursuant to the general penalty provisions set forth in DMC Title 19. (Ord. 1143 § 1, 2019; Ord. 979 § 1, 2007; Ord. 830A § 1, 1998; Ord. 830 § 1, 1998; Ord. 395 § 1, 1970).

1.04.020 Separate offense.

Every person violating any of the provisions of any ordinance of the city 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. (Ord. 1143 § 2, 2019).

1.04.030 Nuisance.

In addition to the penalties set forth in DMC 1.04.010, all remedies available by law for the prevention and abatement of nuisances shall apply regardless of any other remedy. (Ord. 1143 § 2, 2019).

1.04.040 Prosecution.

Any violation of a city ordinance may be prosecuted by the city attorney or designee in the name of the city to include demands for fines and forfeitures paid to the city or may be adjudicated by civil action, or both. (Ord. 1143 § 2, 2019).

1.04.050 Definitions.

(a) General Provisions.

(1) For the purpose of this code, certain words and terms are herein defined. The word “shall” is always mandatory. The word “may” is permissive, subject to the judgment of the person administering the code.

(2) Words not defined herein shall be construed as defined in Webster’s New Collegiate Dictionary.

(3) The present tense includes the future, and the future the present.

(4) The singular number includes the plural and the plural the singular.

(5) Use of male designations shall also include female.

(b) Definitions. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized. (Ord. 1143 § 1, 2019).


1

For statutory provisions authorizing second class cities to punish ordinance violations by a fine not exceeding $5,000 or imprisonment not exceeding one year, or both fine and imprisonment, see RCW 35.23.440(29).