Chapter 1.20
PENALTY PROVISION
Sections:
1.20.010 Penalty provision.
1. General Penalty. Except as otherwise provided for in the code, any person who shall violate any of the provisions of this code shall, upon conviction of such violation, be subject to a penalty, which shall be as follows:
a. First Offense – Penalty. Any person who shall violate any provision of this code subject to a penalty shall, upon conviction thereof, forfeit not less than $1.00 nor more than $500.00, together with the costs of prosecution and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until said forfeiture and costs are paid, but not exceeding 90 days.
b. Second Offense – Penalty. Any person found guilty of violating any ordinance or part of an ordinance of this code who shall previously have been convicted of a violation of the same ordinance within one year, shall, upon conviction thereof, forfeit not less than $10.00 nor more than $500.00 for each such offense, together with the costs of prosecution and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until said forfeiture and costs of prosecution are paid, but not to exceed six months.
c. This section shall not be construed to authorize imprisonment of a defendant for failure to pay a forfeiture and costs solely because said defendant is indigent and cannot forthwith pay his fine in full, provided that defendant makes application to the court for such relief and proves his inability to pay.
2. Continued Violations. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this code shall preclude the Town from maintaining any appropriate action to prevent or remove a violation of any provision of this code.
3. Execution Against Defendant’s Property. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of the court for violation of any ordinance of the Town, the court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for said forfeiture and costs. (2008 code § 20.04)