[Code 1961 §1.09; CC 1983 §1-12; Ord. No. 452 §1, 1-15-1973]
A.
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 or misdemeanor 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, 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 by imprisonment in
the City or 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, except that
imprisonments may be in the City prison or workhouse instead of the
County jail.
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.
Failure
of a City Officer or employee to perform any official duty imposed
by this Code shall not subject such officer or employee to any penalty
unless a penalty is specifically prescribed where such duty is imposed.
[Code 1961 §1.10; CC 1983 §1-13]
In case any person is found guilty and sentenced by the Municipal
Judge for violation of this Code or any other ordinance of the City,
whether the punishment be by fine or imprisonment, or by both, such
person may be put to work and required to perform labor on the public
streets or highways, or other public works or buildings of the City,
and the Chief of Police, City Engineer or other proper officer of
the City shall have power and be authorized and required to have or
cause all such prisoners as may be directed by the Mayor, or other
chief officer of the City, to work out the full number of days for
which they have been sentenced, and in case the defendant has sufficient
property out of which to make the money fine and costs against the
defendant, and the same shall remain unpaid, the defendant shall be
required to do and perform such labor on the streets, highways or
other public buildings or public works of the City, as his/her health
and strength will permit, not exceeding eight (8) hours per day, and
for such work and labor the person so employed shall be allowed, exclusive
of his/her board, the sum of ten dollars ($10.00) per day, which amount
shall be credited on such fine and costs. Such labor shall be done
at the direction and under the supervision of the Chief of Police,
City Engineer or such other person as may be thereunto appointed by
the Mayor. The officer or person in charge of such prisoner while
so employed may impose such restraints as may be reasonably necessary
to prevent the escape of the prisoner while so employed.
[CC 1983 §1-14]
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 Officer may elect under which to proceed,
but not more than one (1) recovery or penalty shall be had or enforced
against the same person for the same offense, provided that the revocation
of a license or permit shall not be considered a recovery or penalty
so as to bar any other penalty or recovery being enforced or had.
[CC 1983 §1-15]
Every person who commits, attempts to commit, conspires to commit,
or aids or abets in the commission of any act declared herein to be
unlawful or an offense or a misdemeanor, whether individually or in
connection with one (1) or more other persons or as principal, agent
or accessory, shall be guilty of such unlawful act or offense or misdemeanor,
and every person who falsely, fraudulently, forcibly or willfully
induces, causes, coerces, requires, permits or directs another to
violate any provision hereof shall likewise be guilty.
