§ 1-6. General penalty; continuing violations.

(a)

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

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, an offense against the city or 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 declared a misdemeanor, an offense, an offense against the city or a violation or unlawful 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 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 but in no event exceeding the penalty for a substantially similar offense under state law. The penalty imposed upon a corporation shall consist of the fine only, plus costs of court. For violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

(d)

Notwithstanding any penalty now or hereafter provided in this Code, and subject to the maximum penalty authorized by law for ordinance violations, the penalty for any violation of this Code that is also a violation of state law shall be a penalty authorized for such violation by statute.

(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.

(Ord. No. 38, § 1, 10-24-61)

State law reference

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