§ 1-8. General penalty.

(a)

Unless another penalty is expressly provided by this Code for any particular provision or section, any person violating any provision of this Code or any rule, regulation or order adopted or issued in pursuance thereof shall be guilty of a misdemeanor and/or responsible for a civil infraction.

(1)

If guilty of a misdemeanor, upon entry of a plea or conviction by a judge or jury, at the discretion of the court, the following penalties may be imposed:

a.

Imprisonment of not more than ninety (90) days;

b.

Fines up to five hundred dollars ($500.00) and the costs of prosecution;

c.

Both fines and/or imprisonment.

(2)

If responsible for a civil infraction, the civil fines payable to the bureau upon admissions of responsibility by persons served with municipal ordinance violation notices shall be determined on the basis of the date of the violation(s):

a.

First violation;

b.

Second violation within a four-year period;

c.

Third violation within a four-year period.

The fees shall be set by city council resolution and the responsible party shall be liable for the costs of prosecution.

(b)

The decision to charge the alleged violator with a misdemeanor and/or civil infraction as a result of a violation of this section shall be at the sole discretion of the city.

(c)

Violations of this Code that are intermittent or ongoing are a nuisance per se and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief or civil or quasi-judicial enforcement.

(d)

The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this Code, whether or not such penalty is reenacted in the amendatory ordinance.

(e)

The penalty shall be in addition to the abatement of the violating condition, any injunctive relief or revocation of any permit or license.

(f)

This section shall not apply to the failure of officers and employees of the city to perform municipal duties required by this Code.

(g)

All remedies available to the city under this Code and state law shall be deemed to be cumulative and not exclusive.

(Ord. No. 2015-6, § 1, 3-23-15)