§ 1.12.020. General penalty; continuing violations.
(a)
Whenever in the Charter, this Code, or any other ordinances of the town or any rule or regulation promulgated by any officer, official, or agency of the town under the authority duly vested in such officer, official, or agency it is provided that a violation of any provision thereof shall constitute a Class 1, 2, 3, or 4 misdemeanor, such violation shall be punishable as follows:
(1)
Class 1 misdemeanor: by a fine of not more than $2,500.00, or by confinement in jail for not more than 12 months, or by both such fine and confinement.
(2)
Class 2 misdemeanor: by a fine of not more than $1,000.00, or by confinement in jail for not more than six months, or by both such fine and confinement.
(3)
Class 3 misdemeanor: by a fine of not more than $500.00.
(4)
Class 4 misdemeanor: by a fine of not more than $250.00.
(b)
Whenever in any provision of this Code or in any other ordinance of the town or any rule or regulation promulgated by an officer, official, or agency of the town, under authority duly vested in such officer, official, or agency, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided for the violation of such provision and such violation is not described as being of a particular class of misdemeanor, such violation shall constitute a Class 1 misdemeanor and be punishable as prescribed in subsection (a)(1) of this section.
(c)
Each day any violation of any provision of this Code or other ordinance, rule, or regulation referred to in this section shall continue shall constitute a separate offense, except where otherwise provided.
(d)
Any provision of this Code or other ordinance, rule, or regulation to the contrary notwithstanding, no penalty, whether by fine or imprisonment, imposed for the violation of any provision of this Code or other ordinance, rule, or regulation shall be in excess of the penalty established by the state for a similar offense under state law.
(e)
In this section "this Code" shall also mean all provisions incorporated by reference in this Code.
(f)
No misdemeanor penalty shall be deemed to restrict in any way the right of the town to injunctive relief.
(Prior Code, § 1-6; Code 1995, § 1.12.020; Ord. of 4-8-1991)
State Law reference— Penalties for violation of ordinances, Code of Virginia, § 15.2-1429; bonds of persons convicted, Code of Virginia, § 15.2-1430; appeals, nonpayment of fine, Code of Virginia, §§ 15.2-1431, 19.2-354 et seq.; injunctive relief against continuing violation of ordinance, Code of Virginia, § 15.2-1432; classification of criminal offenses, Code of Virginia, § 18.2-9; punishment for conviction of misdemeanor, Code of Virginia, § 18.2-11.
(Prior Code, § 1-6; Code 1995, § 1.12.020; Ord. of 4-8-1991)
State law reference
Penalties for violation of ordinances, Code of Virginia, § 15.2-1429; bonds of persons convicted, Code of Virginia, § 15.2-1430; appeals, nonpayment of fine, Code of Virginia, §§ 15.2-1431, 19.2-354 et seq.; injunctive relief against continuing violation of ordinance, Code of Virginia, § 15.2-1432; classification of criminal offenses, Code of Virginia, § 18.2-9; punishment for conviction of misdemeanor, Code of Virginia, § 18.2-11.