§ 1-5. Penalty.

1-5.1 Maximum Penalty. Whenever in this code or in any other ordinance of the city or in any rule, regulation or order promulgated pursuant thereto any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful for an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this code or any other ordinance of the city or any such rule, regulation or order shall be punished by a fine not exceeding one thousand ($1,000.00) dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Provided, however, that notwithstanding any provisions of this code, any such violation may, in the discretion of the enforcing authority be charged and prosecuted as an infraction. Such violations may also be redressed by civil action.

A violation determined to be an infraction in this code, is punishable by: (a) a fine not exceeding one hundred ($100.00) dollars for a first violation; (b) a fine not exceeding two hundred ($200.00) dollars for a second violation of the same provisions within one year; (c) a fine not exceeding five hundred ($500.00) dollars for any subsequent violation of the same provisions within one year.

(Ord. No. 990, § 1; Ord. No. 1091, § 1; Ord. No. 1220, § 1)

1-5.2 Separate Violations. Except as otherwise provided, every day any violation of this code or any other ordinance of the city or any such rule, regulation or order shall continue shall constitute a separate offense.

1-5.3 Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.