A.
Except as provided in Subsections B and C of this Section, any person violating the provisions of this Code, or a rule authorized by this Code, is guilty of committing an offense. An offense for which only a fine is imposed is classified as a violation. Except as provided in Subsection E, violations shall be punishable by a fine not to exceed $1,500.
B.
Unless
provided in state law to the contrary, an offense not classified in
this Code as a violation, or the willful commission of an offense,
is classified as a crime, punishable by a fine not to exceed $5,000
and imprisonment not to exceed one year. As used in this Subsection,
"willful" means engaging in the same prohibited conduct after receipt
of written notice of the violation.
C.
The
failure of a City official, employee, agent or representative acting
in his/her official capacity to comply with any requirement or duty
imposed by this Code shall not constitute an offense unless the conduct
is expressly made unlawful or was done with malice.
D.
Each
day in which an offense is committed constitutes a separate offense.
E.
No penalty
imposed by this Code shall exceed the maximum penalty imposed by state
law for the same offense.
(Ord. 2984 § 1 (part),
1996)
When a person is convicted of a crime that has resulted in ascertainable
damages to any person, in addition to any other sentence it may impose,
the court may order that the defendant make restitution to the victim.
For purposes of this Section, the definitions of ORS 137.103 apply.
(Ord. 2984 § 1 (part),
1996; Ord. 3057 § 2 (part),
1999)
A person convicted of an offense may be sentenced to community
service for a term not more than one thousand hours in addition to
incarceration, probation or fine, or as a condition of probation.
(Ord. 2984 § 1 (part),
1996)
