§ 1-8. General penalty; continuing violations.

(a)

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.

(b)

In this section, the term "violation of this Code" does not include the failure of a city officer or city 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.

(c)

Except as otherwise provided:

(1)

A person convicted of a violation of this Code shall be punished by a fine not exceeding $1,000.00, imprisonment for a term not exceeding six months, work on the public streets or on public works of the city for not more than six months, supervised home confinement for a term not to exceed six months, or any combination thereof. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

(2)

Notwithstanding the provisions in subsection (1), in lieu of suspension, revocation or the failure to renew, the mayor may impose a fine upon any licensee holding a license to sell alcoholic beverages for on-premise consumption, such fine not to exceed $2,500.00 for each violation of the alcoholic beverages licensing ordinances.

(d)

The imposition of a penalty does not prevent revocation or suspension 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 and by such other means as are provided by law. The imposition of a penalty does not prevent equitable relief.

(Code 1977, § 18-1008; Ord. No. 2006-45, § 1, 7-25-06; Ord. No. 2009-19(09-O-0798), § 1, 5-26-09)

Authority of municipal judge to order persons convicted of offenses to perform work on public property, § 62-41; municipal court sentences for persons convicted of multiple offenses, § 62-42.

Limitations on penalties, O.C.G.A. § 36-35-6(a)(2).