§ 1-11. General penalty; continuing violations.

(a)

For the purposes of this section, the term "violation of this Code" shall mean any of the following:

(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)

For the purposes of this section, the term "violation of this Code" shall 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 shall be punished by a fine of not more than $2,500.00. 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 other violations, each act constitutes a separate offense.

(d)

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

(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 or other equitable relief.

State law reference

Limitations on penalties, IC 36-1-3-8(9), 36-1-3-8(10); enforcement of ordinances, IC 36-1-6-1 et seq.