§ 1-9. General penalty; continuing violations.

(a)

In this section the expression "violation of this Code" means:

(1)

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

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section the expression "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is subject to punishment as provided in this section.

(c)

Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished by a fine not exceeding $500.00, imprisonment or confinement at hard labor for a term not exceeding six months, or any combination of fine and/or imprisonment. The penalty imposed upon a corporation shall be a fine only, plus costs of court. No penalty shall exceed the maximum established by statute for the commission of a substantially similar offense. For violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

(d)

The imposition of a penalty does not prevent the suspension or revocation of a license, permit or franchise.

(e)

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 injunctive relief.

State law reference

Penalty for ordinance violations, Code of Ala. 1975, § 11-45-9.