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HomeMy Public PortalAboutORD 52_Violation of Ordinances_07161992ORDINANCE NO. 5A, AN ORDINANCE ESTABLISHING PENALTIES FOR THE VIOLATION OF ANY ORDINANCE OF THE CITY OF IONA; ESTABLISHING FINES AND TERMS OF IMPRISONMENT FOR VIOLATORS; PROVIDING FOR FINES AND IMPRISONMENT FOR MULTIPLE VIOLATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. PENALTY FOR VIOLATION OF ORDINANCES. Any person who knowingly violates any ordinance of the City shall be punishable by a fine not to exceed Three Hundred Dollars ($300) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment for any single violation. Section 2. APPLICABILITY OF PENALTY. The penalties provided in this ordinance shall be applied as though they were a part of every separate ordinance of the City. Section 3. MULTIPLE VIOLATIONS. Whenever the same person violates the same section of any ordinance on two or more days, then each violation on each day shall be deemed a separate offense and shall be separately punishable for each such offense. Section 4. PROSECUTORIAL DISCRETION. Whenever the same offense, act or omission is punishable under different ordinances of the City or under different sections -1- of the same ordinance, the City Prosecuting Attorney may elect under which section to proceed; but no more than one sentence of imprisonment may be imposed against the same person for the same offense, provided that revocation of a license or permit shall not be considered a penalty so as to bar imposition of a penalty under the provisions of this Ordinance. Section 5. PENALTY AGAINST OFFICERS. The penalty provisions of this Ordinance shall not apply to any other ordinance which it designates the duties of any officer or employee of the City unless the intention to impose a fine or penalty is specifically and clearly expressed in the section creating the duty. Section 6 EFFECTIVE DATE. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 1 day of ATTEST: ( SEAL4 \ , 1992. Mayor -2- STATE OF IDAHO ) :ss County of Bonneville ) I, A 0h41d f% /lie tfo44 , CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE ESTABLISHING PENALTIES FOR THE VIOLATION OF ANY ORDINANCE OF THE CITY OF IONA; ESTABLISHING FINES AND TERMS OF IMPRISONMENT FOR VIOLATORS; PROVIDING FOR FINES AND IMPRISONMENT FOR MULTIPLE VIOLATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING EFFECTIVE DATE." 265.1H/DWSD City Clerk -3-