For violation of any provision of this chapter
or any other ordinance of the City where no specific penalty is provided
regarding the section or sections violated, the maximum penalty shall,
upon conviction for such violation, be one or more of the following:
A. A fine not exceeding $2,000.
[Amended 6-20-2002 by Ord. No. 02-54; 8-17-2006 by Ord. No. 06-60]
B. Imprisonment in the county jail for a period not exceeding
90 days.
C. A period of community service not exceeding 90 days.
Except as otherwise provided, each and every
day in which a violation of any provision of this chapter or any ordinance
of the City exists shall constitute a separate violation.
Any person who is convicted of violating any
provisions of this chapter within one year of the date of a previous
violation of the same provision and who was fined for the previous
violation, shall be sentenced by the court to an additional fine as
a repeat offender. The additional fine imposed by the court upon a
person for a repeat offense shall not be less than the minimum or
exceed the maximum fine fixed for a violation of this chapter, but
shall be calculated separately from the fine imposed for the violation
of any provision of this chapter. It shall be the responsibility of
the officer signing the complaint to determine before the trial whether
the person is subject to the additional fine as a repeat offender.
The defendant shall be provided with a reasonable opportunity to dispute
any allegation that (s)he is subject to punishment as a repeat offender.
Any person convicted of the violation of any
provision of this chapter in default of the payment of any fine imposed
therefor, may, in the discretion of the court by which (s)he was convicted,
be imprisoned in the county jail for a term not exceeding 90 days
or be required to perform community service for a period not exceeding
90 days.
The maximum penalty stated in this general penalty
section is not intended to state an appropriate penalty for each and
every violation. Any lesser penalty, including a nominal penalty or
no penalty at all, may be appropriate for a particular case or a particular
violation.