Whenever in this Code or in any ordinance, local law, rule, resolution,
order or regulation of the town any act is prohibited or is made or declared
to be unlawful, is an offense against the ordinance, local law, rule, resolution,
order or regulation or whenever in such Code or ordinance, local law, rule,
resolution, order or regulation 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, the violation of any such provision of this Code or any ordinance,
local law, rule, resolution, order or regulation shall be punished by a fine
not exceeding $350 or imprisonment for a period not to exceed six months,
or both, for conviction of a first offense; for conviction of a second offense
both of which were committed within a period of five years, punishable by
a fine not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third or subsequent
offense all of which were committed within a period of five years, punishable
by a fine not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations of such
ordinance, local law, rule, resolution, order or regulation shall be deemed
misdemeanors and for such purpose only all provisions of law relating to misdemeanors
shall apply to such violations. Each week's continued violation shall constitute
a separate additional violation.
In all cases where the same offense may be made punishable, or shall
be created by different clauses or sections of the laws of the town, the prosecuting
officer may elect under which to proceed; but not more than one recovery shall
be had against the same person for the same offense.