[CC 1996 §100.270; CC 1977 §§13.010 —
13.030; Ord. No. 1459 §I(100.270(A)), 1-24-2005; Ord. No. 1805 §§I – II, 7-18-2016]
A.
Whenever
in this Code or any other ordinance of the City or in any rule, regulation,
notice or order promulgated by any officer or agency of the City under
authority duly vested in him/her or it, any act is prohibited or is
declared to be unlawful or an offense or the doing of any act is required
or the failure to do any act is declared to be unlawful or an offense
and no specific penalty is provided for the violation thereof, upon
conviction of a violation or any such provision of the Code or of
any such ordinance, rule, regulation, notice or order, the violator
shall be punished by a fine not exceeding five hundred dollars ($500.00)
or by imprisonment in the City or County Jail not exceeding ninety
(90) days or by community service or by fine, imprisonment and community
service; provided, that where the City and the State have a penalty
for the same offense, the Statutory penalty and no other shall be
imposed for such offense, except that imprisonment may be in the City
prison or workhouse instead of the County Jail.
B.
Every Day A Violation. Every day any violation of this Code
or any other ordinance or any such rule, regulation, notice or order
shall continue shall constitute a separate offense.
C.
Responsibility. Whenever any act is prohibited by this Code,
by an amendment thereof or by any rule or regulation adopted thereunder,
such prohibition shall extend to and include the causing, securing,
aiding or abetting of another person to do said act. Whenever any
act is prohibited by this Code, an attempt to do the act is likewise
prohibited.
D.
Notwithstanding Subsections (A) through (C) above, the following conditions shall apply to minor traffic violations:
1.
The court shall not assess a fine, if combined with the amount of
court costs, totaling in excess of three hundred dollars ($300.00);
2.
The court shall not sentence a person to confinement, except the
court may sentence a person to confinement for violations involving
alcohol or controlled substances, violations endangering the health
or welfare of others, and eluding or giving false information to a
law enforcement officer;
3.
A person shall not be placed in confinement for failure to pay a
fine unless such non-payment violates terms of probation;
4.
Court costs that apply shall be assessed against the defendant unless
the court finds that the defendant is indigent based on standards
set forth in determining such by the presiding judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the supreme court;
5.
No court costs shall be assessed if the case is dismissed; and
6.
“Minor traffic violation,” a municipal or county ordinance
violation prosecuted that does not involve an accident or injury,
that does not involve the operation of a commercial motor vehicle,
and for which the Department of Revenue is authorized to assess no
more than four (4) points to a person’s driving record upon
conviction. Minor traffic violation shall exclude a violation for
exceeding the speed limit by more than nineteen (19) miles per hour
or a violation occurring within a construction zone or school zone.
