§ 1-8. General penalty; definitions; continuing violations.

(a)

In this section, the term "violation of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance or resolution.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance or resolution.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance or resolution.

(4)

Counseling, aiding, abetting, causing, allowing, permitting, or concealing the fact of a violation of this Code as defined above.

(b)

In this section, the term "violation of this Code" does not include the failure of a unified government officer or unified government employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(c)

For the purpose of sentencing, unless otherwise specified in this Code, the following classes of violations of this Code and the punishment and terms of confinement authorized for each class are established:

(1)

Class A violation, the sentence for which shall be a definite term of confinement in the county jail that shall be fixed by the court and shall not exceed one year;

(2)

Class B violation, the sentence for which shall be a definite term of confinement in the county jail that shall be fixed by the court and shall not exceed six months;

(3)

Class C violation, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month; and

(4)

Unclassified violations, which shall include all offenses declared to be violations without specification as to class, the sentence for which shall be in accordance with the sentence specified in the section that defines the offense; if no penalty is provided, the sentence shall be a definite term of confinement as fixed by the court and shall not exceed 90 days.

(d)

A person convicted of a violation of this Code may, in addition to or instead of the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the court, unless otherwise specified in this Code, as follows:

(1)

Class A violation: a sum not exceeding $2,500.00.

(2)

Class B violation: a sum not exceeding $1,000.00.

(3)

Class C violation: a sum not exceeding $500.00.

(4)

Unclassified violation: any sum authorized by the section that defines the offense. If no penalty is provided for such violation, the fine shall not exceed $500.00

(e)

Except as otherwise provided:

(1)

With respect to violations that are continuous with respect to time, each day the violation continues is a separate offense.

(2)

With respect to violations that are not continuous with respect to time, each act is a separate offense.

(f)

The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(g)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

(Code 1964, § 1-8; Code 1988, § 1-7; Ord. No. 64479, § 3, 4-7-1983)