[CC 1989 §1-14; Ord. No. 2810 §1, 4-29-2003]
A.
Whenever
in this Code the doing of any act or the omission to do any act or
perform any duty is declared to be a breach thereof, or to be unlawful,
prohibited, forbidden or deemed to be an offense or violation of an
ordinance, and there shall be no penalty or fine declared for such
breach or violation in the ordinances pertaining thereto, any person
who shall be convicted of any such breach shall be fined not more
than one thousand dollars ($1,000.00) for each offense or imprisoned
not to exceed ninety (90) days, or suffer both such fine and imprisonment,
as may be just; provided however, that where the City and the State
both proscribe the same offense, the penalty for violating the City
provision shall be the same as is set by Statute, except that imprisonment
may be in the City Jail or in the County Jail when authorized.
B.
Each
act of violation and every day upon which a violation occurs or continues
shall constitute a separate offense.
C.
The penalty
provided by this Section shall apply to the amendment of any Section
of this Code whether or not such penalty is reenacted in the amendatory
ordinance.
D.
Reference to any Section of this Code shall be understood also to refer to and include the penalty Section relating thereto, including this Section 100.150, unless otherwise expressly provided.
E.
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 by this Section unless a penalty is specifically
provided.
[CC 1989 §1-17]
In all cases where the same offense may be made punishable,
or shall be created by different clauses or Sections of the ordinances
of the City, the Prosecuting Attorney may elect under which to proceed,
but not more than one (1) recovery shall be had against the same person
for the same offense.
