§ 41-5. Violation; penalties.

(a)

Violations Charged and Punished as Infractions: Notwithstanding any provision of this Code to the contrary in Chapters 10, 11, 13, 14, 19, 23B, 24, 26, 26A, 28A, 28B, 31, with the exception of Section 31-63 of Article VII of Chapter 31, 32, 33, 37, 41, 41A, 50, and 53, whenever any provision in any of such chapters provides that any act is prohibited or made or declared to be unlawful or a misdemeanor or an infraction, or requires the doing of any act or declares the failure to do any act unlawful or a misdemeanor or an infraction, the violation of such provision may be charged as an infraction punishable by imposition of the following fines:

(1)

Upon a first conviction, a fine of one hundred dollars ($100.00);

(2)

Upon a second conviction of violating the same chapter of this Code within the twelve (12) month period immediately preceding the commission of the current violation, a fine of two hundred dollars ($200.00);

(3)

Upon a third conviction of violating the same chapter of this Code within a twelve (12) month period immediately preceding the commission of the current violation, a fine of five hundred dollars ($500.00).

(b)

Each Day a Separate Offense. Each and every day or portion thereof that a person violates or continues to violate any such provision of any of such chapters constitutes a separate offense and may be charged and punished separately without awaiting conviction of any prior violation.

(c)

Misdemeanors. Any violation which may be otherwise charged and punishable as an infraction pursuant to subsection (a) of this section may be charged and punishable as a misdemeanor if the defendant has been convicted of three (3) or more violations of the same chapter of this Code within the twelve (12) month period immediately.

(Ord. No. 2704, § 1, 9-13-88; Ord. No. 2774, § 5, 8-29-89; Ord. No. 3925, § 3, 2-14-06; Ord. No. 3981, § 4, 3-11-08; Ord. No. 4053, § 4, 3-26-13; Ord. No. 4158 , § 9, 2-26-19)

Cross reference —General penalty, § 1-7.