[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Generally, except as otherwise provided, any person who shall
violate any of the provisions of this Code or any rule or regulation
adopted or issued in pursuance thereof, or any provision of any code
adopted by reference in this Code, shall, upon conviction of such
violation, be subject to a penalty which shall be as follows:
A. First
offense. Any person who shall violate any provision of this Code shall,
upon conviction thereof, forfeit $100 for each such offense together
with the costs of prosecution, and in default of payment of such forfeiture
and costs of prosecution shall be imprisoned in the county jail until
such forfeiture and costs are paid, but not exceeding 90 days.
B. Second
offense. Any person found guilty of violating any ordinance or part
of an ordinance of this Code who has previously been convicted of
a violation of the same ordinance within one year shall, upon conviction
thereof, forfeit not less than $250 for each such offense together
with the costs of prosecution, and in default of payment of such forfeiture
and costs shall be imprisoned in the county jail until such forfeiture
and costs are paid, but not exceeding six months.
C. Third offense.
Any person found guilty of violating any ordinance or part of an ordinance
of this Code who has previously been convicted of a violation of the
same ordinance within one year shall, upon conviction thereof, forfeit
not less than $500 for each such offense together with the costs of
prosecution, and in default of payment of such forfeiture and costs
shall be imprisoned in the county jail until such forfeiture and costs
are paid, but not exceeding six months.
Each violation and each day a violation continues or occurs
shall constitute a separate offense. Nothing in this Code shall preclude
the Town from maintaining any appropriate action to prevent or remove
a violation of any provision of this Code.
Whenever any person fails to pay any forfeiture and costs of
prosecution upon the order of any court for violation of any ordinance
of the Town, the court may, in lieu of ordering imprisonment of the
defendant or after the defendant has been released from custody, issue
an execution against the property of the defendant for such forfeiture
and costs.