Sec. 1-12. - General penalty; continuing violations.
Part of the Code of Ordinances of West Warwick, RI.
The text
(a)
Whenever in this Code or in any ordinance or resolution of the town an act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code, ordinance, or resolution the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance or resolution shall be punished by a fine of not more than $500.00 or by imprisonment for not more than 30 days.
(b)
Each day any violation of this Code or of any such ordinance or resolution shall continue shall constitute a separate offense.
(c)
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 and by such other means as are provided by law. The imposition of a penalty does not prevent equitable relief.
(d)
The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise or other administrative sanctions.
(e)
In this section, the term "violation of this Code" means:
(1)
Doing an act that is prohibited or made or declared unlawful, an offense 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; or
(3)
Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
(f)
In this section, the term "violation of this Code" does not include the failure of a town officer or town employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section or it is clear from the context that it is the intent to impose the penalty provided for in this section upon the officer or employee.
(Code 1970, § 1-10; Ord. of 1-31-1968, § 1; Ord. of 10-9-1974, § 1; Res. of 3-3-1987)
State Law reference— Limitation on penalties, G.L. 1956, § 45-6-2.