§ 1-8. Penalty for violations.

(a)

In this Code "violation of this Code" means:

(1)

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

(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 or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.

(b)

In this Code "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, violators of city ordinances shall be punished by a fine not exceeding one thousand dollars ($1,000.00), for any one (1) specified offense or violation of a bylaw or ordinance, or double that sum for each repetition of such offense or violation, or, where applicable, imprisonment for a term not exceeding thirty (30) days. If a thing prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the bylaw or ordinance, shall not exceed five hundred dollars ($500.00) for each day that it is unlawfully continued.

(d)

If a violation of this Code is also a misdemeanor under state law, the penalty for the violation shall be as prescribed by state law for the state offense.

(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, are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.

(Code 1967, § 1-8; Ord. No. 6291, § 1, 9-21-09)

State law reference

Ordinance violations, A.C.A. §§ 14-55-501 et seq., 14-55-601 et seq.