[R.O. 2006 §100.130; CC 1980 §100.050]
A. Whenever
in this Code or in any ordinance or resolution of the City any act
is prohibited or is made or declared to be unlawful or an offense,
or whenever in such Code, ordinance or resolution the doing of any
act is required or the failure to do any act is declared to be unlawful,
where no specific penalty is provided therefor and where no penalty
for such offense is fixed by Statute, the violation of any such provision
of this Code or any ordinance or resolution shall constitute a misdemeanor
and shall be punished by a fine of not less than one dollar ($1.00)
and not more than five hundred dollars ($500.00) or by imprisonment
not exceeding ninety (90) days or both, recoverable with costs of
suit. Each day any violation of any provision of this Code or of any
such ordinance or resolution shall continue shall constitute a separate
offense.
B. In addition
to the penalty hereinabove provided, any condition caused or permitted
to exist in violation of any of the provisions of this Code or any
such ordinance or resolution shall be deemed a misdemeanor and may
be, by the City, abated as provided by law, and each day that such
condition continues shall be regarded as a new and separate offense.
C. Any Section
in the Code which authorizes the imposition of a lesser penalty shall
not be amended by this Section but shall be and remain the same.
D. In any
case where any ordinance or section of this Code shall not provide
a greater penalty for a second or subsequent conviction for a violation
thereof, any person violating the same who shall previously have been
convicted of a violation hereof shall be subject to a fine of not
less than ten dollars ($10.00) nor more than five hundred dollars
($500.00) for each offense and imprisonment not exceeding three (3)
months or both such fine and imprisonment.
E. When
imprisonment is ordered, it may be served in the County Jail as the
Municipal Judge may direct. Whenever any punishment provided by this
Code or other ordinance shall exceed that provided for the same offense
by State law, the punishment Section of such ordinance or Code Section
shall be void in so far as its punishment exceeds the State limits,
and the maximum punishment provided by State law shall be imposed
hereby.