Chapter 4.20
PENALTY

Sections:

4.20.010    Penalty.

4.20.020    Application.

4.20.030    Liability of officers.

4.20.010 Penalty.

Except where a different penalty is specifically provided in any section of this code or by ordinance, any person convicted of a violation of any section of this code shall be fined in a sum of not more than $1,000 or by imprisonment for not more than 90 days, or both such fine and imprisonment. (Ord. 3-1997 § 3; Code 1997 § 4-2-1).

4.20.020 Application.

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. Any person convicted of a violation of any section of this city code where any duty is prescribed or obligation imposed, or where any act which is of a continuing nature or declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this city code.

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.

Whenever the doing of an 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 and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues. (Code 1997 § 4-2-2).

4.20.030 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 governing body to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (Code 1997 § 4-2-3).