§ 1-8. General penalty; continuing violations.

(a)

In this section, the expression "violation of this Code" means:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, a public offense, an offense against the city 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; or

(3)

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

(b)

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

(c)

Except as otherwise provided, a person convicted of a violation of this Code shall be punished by a fine not exceeding $500.00, imprisonment or confinement at hard labor for a term not exceeding six months or any combination thereof. The penalty imposed upon a corporation shall consist of the fine only, plus costs of court. No penalty shall exceed the maximum established by state statute for the commission of a substantially similar offense. For violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

(d)

Any person being punished for a violation of Code of Ala. 1975, § 32-5A-191, as adopted by ordinance, shall be punished by fine of not less than $1.00 and not more than $5,000.00 or by imprisonment in the city jail or hard labor for a period not exceeding one year or by any combination thereof.

(e)

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

(f)

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

(Code 1973, § 1-26; Code 1995, § 1-11)

State law reference

Penalty for ordinance violations, Code of Ala. 1975, § 11-45-9.