[Ord. No. 5992 §II, 7-27-2015]
A.
Assessment of Fines/Imprisonment, Generally:
1.
Whenever in this Code or any other ordinance of the City, or
in any rule, regulation, notice or order promulgated by any officer
or agency of the City under authority duly vested in him/her or it,
any act is prohibited or is declared to be unlawful or an offense,
misdemeanor or ordinance violation or the doing of any act is required
or the failure to do any act is declared to be unlawful or an offense
or a misdemeanor or ordinance violation, and no specific penalty is
provided for the violation thereof, upon conviction of a violation
of any such provision of this Code or of any such ordinance, rule,
regulation, notice or order, the violator shall be punished by a fine
not exceeding five hundred dollars ($500.00); or
2.
The Court may sentence imprisonment in the County Jail not exceeding
ninety (90) days or by both such fine and imprisonment; provided that
in any case wherein the penalty for an offense is fixed by a Statute
of the State, the statutory penalty, and no other, shall be imposed
for such offense.
B.
Every day any violation of this Code or any other ordinance or any
such rule, regulation, notice or order shall continue shall constitute
a separate offense.
C.
Whenever any act is prohibited by this Code, by an amendment thereof,
or by any rule or regulation adopted thereunder, such prohibition
shall extend to and include the causing, securing, aiding or abetting
of another person to do said act. Whenever any act is prohibited by
this Code, an attempt to do the act is likewise prohibited.
D.
Exception, Minor Traffic Violations:
1.
Upon the conviction of a minor traffic violation the court shall
not assess a fine, if combined with the amount of court costs, totaling
in excess of three hundred ($300.00) dollars;
2.
The court shall not sentence a person to confinement, except
the court may sentence a person to confinement for violations involving
alcohol or controlled substances, violations endangering the health
or welfare of others, and eluding or giving false information to a
Law Enforcement Officer;
3.
A person shall not be placed in confinement for failure to pay
a fine unless such non-payment violates terms of probation;
4.
Court costs that apply shall be assessed against the defendant
unless the court finds that the defendant is indigent based on standards
set forth in determining such by the Presiding Judge of the 33rd Judicial
Circuit;
5.
No court costs shall be assessed if the case is dismissed; and
6.
No additional charge shall be issued or fine assessed for the
failure to appear for a minor traffic violation.
