If any Section, Subsection, paragraph, sentence, clause, or
phrase of this Code shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this Code
which shall continue in full force and effect, and to this end the
provisions of this Code are hereby declared to be severable.
This Code shall not affect violations of any other ordinance,
Code, or regulation of the jurisdiction existing prior to the effective
date hereof, and any such violation shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, Codes, or regulations in effect at the time the
violation was committed.
[Ord. No. 2010-12 §2, 3-10-2010]
A. Standard Penalty. Any person violating any provision of
this Code, or any rule or regulation adopted or issued in pursuance
thereof, or any provision of any code adopted herein by reference
is guilty of a misdemeanor and upon conviction, unless another penalty
is specifically provided, shall be subject to a fine of not less than
one dollar ($1.00) or more than one thousand dollars ($1,000.00) or
to imprisonment not more than three (3) months, or both, and may be
adjudged to pay the costs of prosecution. Whenever the fine and costs
imposed for a violation are not paid, the person convicted may be
committed to jail until the fine and costs are paid, not exceeding
ninety (90) days.
B. Each Day A Violation. Each act of violation and every day
upon which a violation occurs or continues constitutes a separate
offense.
C. Applicability. The penalty provided by this Section applies
to the amendment of any Section of this Code or any code adopted herein
by reference whether or not such penalty is re-enacted in the amendatory
ordinance.
D. Reference To Sections. Reference to any Section of this
Code shall be understood to also refer to and include the penalty
Section relating thereto, unless otherwise expressly provided.
E. Failure Of Officers To Perform Duties. The failure of any
officer or employee of the City to perform any official duty imposed
by this Code shall not subject such officer or employee to the penalty
imposed for violation of this Code, unless a penalty is specifically
provided, or such act is declared to be unlawful.
F. All
persons convicted and sentenced by the Municipal Judge for violation
of any ordinance or part thereof, whether the punishment be by fine
or imprisonment or both, may be put to work and perform labor on the
said public streets, highways and alleys or other public works or
buildings of the City. The Chief of Police, Director of Public Works
or other official of the City shall have the power and be authorized
and required to have or cause all such prisoners to work out the full
number of days for which such prisoner may have been sentenced. If
the punishment be by fine and the fine be not paid, then for every
fifteen dollars ($15.00) of such fine the prisoner shall work one
(1) day.