§ 1-8. General penalty for violation of Code; continuing violations; judicial enforcement of Code upon conviction.

(a)

Whenever in this Code, or any other ordinances of the city, any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance doing of any act is required or the failure to do any act is declared to be unlawful, and where no specific penalty is provided therefore, the violation of any such provision of this Code shall be a petty offense and punished by a fine in accordance with subsection (b)(1), (c)(1) or (c)(2) of this section unless provided otherwise in this Code. Each day of any violation of any provision of this Code or ordinance subject to this penalty section shall constitute a separate offense. Any penalty imposed for violation of this Code or ordinance and subject to this provision may include: some reasonable public service work, such as, but not limited to, the picking of litter in public parks or along public highways or the maintenance of public facilities; or where applicable the abatement of the condition which is the basis for the conviction.

(b)

Upon conviction of any persons or business entity for violation of any of the provisions contained in this Code, the court, upon entry of a judgment of conviction, shall:

(1)

Where the violation is a single-day offense, impose a fine of not less than $100.00, nor more than $950.00; or

(2)

Continue the case for a period not to exceed 30 days and require that the defendant comply with the relevant provision of this Code or abate the condition which is the basis for the conviction, within a period specified by the court, not to exceed 30 days.

(c)

If the court orders compliance or abatement and the defendant fails to comply with the provisions of this Code or abate the conditions within the specified time period, the court:

(1)

Where the violation occurs over multiple days but has terminated by the date of conviction, shall impose a fine of not less than $100.00 nor more than $950.00 for each day of the offense, from the date of the offense through the date of upon which the violation terminated;

(2)

Where a violation continues to exist as of the date of conviction, shall retain jurisdiction for imposition of a continued daily fine of not less than $100.00 nor more than $950.00 per day for each day of the violation until there is compliance with this Code or abatement of the condition which is the basis for the conviction; or

(3)

May use its powers of contempt as the court deems appropriate.

(d)

If the defendant complies with the terms of this Code or abates the condition which is the basis for the conviction within the time period specified by the court, the court may:

(1)

Require the defendant to pay court costs only;

(2)

Require the defendant to pay a fine of not less than $20.00 nor more than $750.00, together with costs of court.

(Code 1968, § 1-8; Code 1996, § 1-8; Ord. No. F-1448, § 1, 10-5-2009)