Sec. 1-12. - General penalty; continuing violations.

(a)

In this section the term "violation of this Code" means any of the following:

(1)

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

(b)

In this section the term "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 to be punished as provided in this section.

(c)

Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code may be punished by a fine of not exceeding $500.00 for each violation, and/or the person shall be required to pay restitution in cases involving property damage or personal injury in an amount up to $2,500.00, and/or be required to provide voluntary community service for the city or its agencies for not more than 50 hours for any one violation. Each violation is subject to appeal in the municipal court with the person having notice and an opportunity to be heard.

(d)

Except as otherwise provided by law or ordinance:

(1)

With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.

(2)

With respect to violations of this Code that are not continuous with respect to time, each act constitutes a separate offense.

(e)

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

(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 injunctive relief.

(Code 1973, § 1-4; Code 1994, § 1-10; Ord. of 9-14-2015(3), § 2)

State Law reference— Limitation on penalties, G.L. 1956, § 45-6-2.