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Municipal Code

Chapter 1. Construction and Effect of Ordinances

Sec. 1-05. Penalty provisions.

(1) General penalty. Except as otherwise provided, any person who shall violate any of the provisions of this Code shall, upon conviction of such violation, be subject to a penalty, which shall be as follows:

  1. First offense. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $5.00 nor more than $500.00, 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.
  2. Second offense. Any person found guilty of violating any provision of this Code or part of a provision of this Code who has previously been convicted of a violation of the same provision within one year shall, upon conviction thereof, forfeit not less than $10.00 nor more than $750.00 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.

(2) Continued violations. Each violation and each day a violation continues or occurs shall constitute a separate offense unless specifically provided to the contrary. Nothing in this Code shall preclude the city from maintaining any appropriate action to prevent or remove a violation of any provision of this Code.

(3) Execution against defendant's property. 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 city, 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.

(4) Additional remedies. The imposition of a penalty as provided in this section shall not be deemed, nor shall it constitute any waiver on the part of the city, of its right to prosecute any claim for damage which might be or might have been caused to any public property by any person violating this Code.

(Code 1982, 25.04)