§ 1-7. General penalty; violations of Code, ordinance, or state law.

(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 ordinance, 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; provided, that no fine or sentence of imprisonment or hard labor shall exceed the maximum fine or sentence established under state law for the commission of a substantially similar offense.

(d)

Any corporation found to be in violation shall, upon conviction, be punished by a fine of not less than $1.00 nor more than $500.00, at the discretion of the court trying the case. Any officer, manager, superintendent, agent or employee of 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 ordinance:

(1)

With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.

(2)

With respect to violations of this Code that are not continuous with respect to time, each act constitutes a separate offense.

(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.

(Code 1992, § 1-8; Ord. of 9-6-1983(1), §§ 4, 5)

State law reference

Penalties for ordinance violations, Code of Ala. 1975, § 11-14-9.