§ 1-7. General penalty; continuing violations.  


Latest version.
  • (a)

    In this section, the term "violation of this Code" or "violation of any such provision of this Code or any such ordinance" means:

    (1)

    Doing an act that is prohibited or made or declared unlawful, an offense or a violation or a misdemeanor by ordinance, by statute adopted by reference in this Code, by state rule or regulation adopted by reference in this Code, or by rule or regulation authorized by ordinance;

    (2)

    Failure to perform an act that is required to be performed by ordinance, by statute adopted by reference in this Code, by state rule or regulation adopted by reference in this Code, or by rule or regulation authorized by ordinance; or

    (3)

    Failure to perform an act if the failure is prohibited or is made or declared a violation or a misdemeanor or an offense or unlawful by ordinance, by statute adopted by reference in this Code, by state rule or regulation adopted by reference in this Code, or by rule or regulation authorized by ordinance.

    (b)

    In this section, the term "violation of this Code" or "violation of any such provision of this Code or any such ordinance" 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 or it is clear from the context that it is the intent to impose the penalty provided for in this section upon the officer or employee.

    (c)

    Except as otherwise provided:

    (1)

    A person convicted of a violation of this Code shall be punished by a fine not exceeding $1,000.00, imprisonment for a term not exceeding six months or any combination thereof.

    (2)

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

    (3)

    With respect to violations of this Code that are not continuous with respect to time, each day the violation continues is a separate offense.

    (d)

    All fines shall be paid into the city treasury.

    (e)

    Community service may be substituted for the fine with the rate of hourly work set to that of the federal minimum wage.

    (f)

    The imposition of a penalty does not prevent revocation or suspension 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 and by such other means as are provided by law. The imposition of a penalty does not prevent equitable relief.

(Ord. of 7-1-2012, § 1-7)

State law reference

Additional penalty assessments for jail construction and staffing, O.C.G.A. § 15-21-93; imposition of additional penalty for certain drug offenses, O.C.G.A. § 15-21-100; imposition of additional penalty for offense of driving under the influence of alcohol or drugs, O.C.G.A. § 15-21-112; punishment for misdemeanors generally, O.C.G.A. § 17-10-3; maximum sentences and fines which may be imposed for violation of municipal ordinance, O.C.G.A. § 36-35-6(a)(2).