§ 1-16. General penalty; continuing violations.  


Latest version.
  • (a)

    Whenever in this Code or in any ordinance of the City or rule or regulation promulgated by an officer, board or commission or agency thereof, under authority vested by law or ordinance, 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, the violation of any such provision of the Code, ordinance, rule or regulation shall be punished as follows, except as otherwise provided in Subsection (b) of this section:

    (1)

    Whenever an act or offense, or the failure to do any act, is declared to be a Class 1 misdemeanor, such act or offense shall be punished by a fine of not more than $2,500.00 or confinement in jail for not more than 12 months, or both such fine and imprisonment.

    (2)

    Whenever an act or offense, or the failure to do any act, is declared to be a Class 2 misdemeanor, such act or offense shall be punished by a fine of not more than $1,000.00 or confinement in jail for not more than six months, or both such fine and imprisonment.

    (3)

    Whenever an act or offense, or the failure to do any act, is declared to be a Class 3 misdemeanor, such act or offense shall be punished by a fine of not more than $500.00.

    (4)

    Whenever an act or offense, or the failure to do any act, is declared to be a Class 4 misdemeanor, such act or offense shall be punished by a fine of not more than $250.00.

    (b)

    Whenever:

    (1)

    A section in this Code or other ordinance of the City prescribes punishment by stating:

    a.

    That the act or offense, or the failure to do any act, is a misdemeanor; or

    b.

    That it is punishable as provided for in this section; or

    (2)

    No specific penalty is provided for an act or offense, or the failure to do any act;

    the act or offense, or failure to do any act, shall be deemed to be a Class 1 misdemeanor. Acts or offenses, or failure to do any act, defined by the various sections of this Code, for which punishment is prescribed without specification as to the class of misdemeanor of the offense, act, or failure to act, shall be punished according to the section defining the offense, act or failure to act.

    (c)

    Except where otherwise provided, each day any violation of this Code or of any such ordinance, rule or regulation shall continue shall constitute a separate offense.

    (Code 1993, § 1-12; Code 2004, § 1-16; Ord. No. 2011-113-141, § 1, 7-25-2011)

    Charter reference— Maximum penalties permitted, § 2.06.

    State Law reference— Classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11; authority of city to provide penalties for violation of ordinances, Code of Virginia, § 15.2-1429; authority of court trying case, upon conviction, to require bond conditioned that the person convicted will not violate the ordinance for the breach of which he was convicted for a period of not more than one year, Code of Virginia, § 15.2-1430; injunctive relief for continuing violations of ordinances, Code of Virginia, § 15.2-1432.

(Code 1993, § 1-12; Code 2004, § 1-16; Ord. No. 2011-113-141, § 1, 7-25-2011)

State law reference

Classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11; authority of city to provide penalties for violation of ordinances, Code of Virginia, § 15.2-1429; authority of court trying case, upon conviction, to require bond conditioned that the person convicted will not violate the ordinance for the breach of which he was convicted for a period of not more than one year, Code of Virginia, § 15.2-1430; injunctive relief for continuing violations of ordinances, Code of Virginia, § 15.2-1432.

Charter reference

Maximum penalties permitted, § 2.06.