§ 1-8. General penalty; continuing violations.

(a)

In this section the term "violation of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, an offense against the city, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, an offense against the city, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section the term "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(c)

Except as otherwise provided by law or as specifically stated elsewhere in this Code, a person convicted of a violation of this Code shall be punished by a fine of not less than $1.00 nor more than $500.00, or by imprisonment for a period not exceeding six months, or by hard labor for a period not exceeding six months, or by any combination thereof.

(d)

Notwithstanding the provisions of subsection (c) of this section, the penalty imposed upon a corporation shall consist of the fine only, plus costs of court. Any officer, manager, superintendent, agent or employee or a corporation shall be punished for a violation of this Code committed by such corporation, if such violation was the act or the result of the act or order of any such person.

(e)

Except as otherwise provided by law or as specifically stated elsewhere in this Code.

(f)

The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(g)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

(Ord. No. 14-04, § 1, 5-27-2014)

State law reference

Limitations on penalties, Code of Ala. 1975, § 11-45-9.