§ 1-12. General penalty; continuing violations.

(a)

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

(1)

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

(b)

Any person committing an offense within the corporate limits of the city, or within the police jurisdiction thereof, which is in violation of an ordinance of the city, now existing or hereafter enacted, shall, upon conviction, be punished by a fine not less than $1.00 nor more than $500.00. In addition thereto, any person so convicted may be imprisoned or sentenced to hard labor for the city for a period not exceeding six months, at the discretion of the court trying the case; provided, however, that no penalty shall consist of a fine or sentence of imprisonment exceeding the maximum fine or sentence of imprisonment established under state law for the commission of substantially similar offenses. 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.

(c)

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 other violations, each act constitutes a separate offense.

(d)

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

(e)

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. 283, § 1, 11-12-1994)