§ 1-7. General penalty; continuing violations-Established.

(a)

Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be a Class 1 misdemeanor and punished as Class 1 misdemeanors under state law. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense. Unless contrary to or inconsistent with the manifest intent of the council or the context of the specific code or ordinance provision being enforced, a misdemeanor charge under this subsection shall require the unlawful act or failure to act was done in a manner which the evidence shows to have been "intentionally," "knowingly," or "recklessly," as defined in the Arizona Revised Statutes, Title 13, Chapter 1.

(b)

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance shall be deemed a public nuisance and may be, by the city, abated as provided by law and each day that such condition continues shall be regarded as a new and separate offense.

(c)

Violations of any provision of the City Charter, this Code or of any proscription, requirement or duty set forth in any ordinance are hereby declared to be civil code infractions which may be adjudicated and enforced by the City Court under Chapter 13, Article II of this Code, as an additional enforcement alternative to other remedies provided in this section or remedies and procedures provided for specifically in this Code or any city ordinance. Use of the civil code infraction alternative is not mandatory and shall be at the discretion of the city official undertaking enforcement action on an alleged violation of this Code or other ordinances.

(Code 1963, § 1-7; Ord. No. 1817, § 1, 7-26-94)

Charter reference

Ordinance violations, Art. XIII, § 7.

Cross reference

City court, Ch. 13.

State law reference

Sentence of imprisonment for Class 1 misdemeanor, A.R.S. § 13-707; fines for Class 1 misdemeanor, A.R.S. §§ 13-802, 13-804.