§ 1-8. General penalty.

(a)

In this Code, the term "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, the term "violation of this Code" does not include the failure of a city officer or 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, or double such sum for each repetition thereof. If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed $250.00 for each day that the violation 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 1992, § 1-8)

State law reference

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