1.05.990 General penalty – Continuing violations.
(A) In this section, VIOLATION OF THIS CODE means any of the following:
(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 this ordinance.
(B) In this section, 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.
(C) Except as otherwise provided, a person convicted of a violation of this Code shall be guilty of a Class 1 misdemeanor, punishable by a fine not to exceed $2,500 or incarceration for a term not to exceed six months, or both fine and incarceration. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
(D) Any violation of or failure to do or perform any act required by SLCC Title 10 constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of A.R.S. §§ 28-1551 et seq. and 28-1591 et seq.
(E) Violations of this Code for which a civil sanction is imposed shall be treated as a civil offense and hearings and appeals shall be conducted in accordance with the rules of procedure in civil traffic violation cases as set forth in the Arizona Revised Statutes, Rules of Procedure in Civil Traffic Cases. A person who commits a violation of this Code after previously having been found responsible for committing three or more civil violations of this Code within an 18-month period, whether by admission, by payment of the sanction, by default or by judgment after hearing, shall be guilty of a Class 1 misdemeanor. For purposes of calculating the 18-month period under this subsection, the dates of the commission of the offenses are the determining factor.
(F) Any person violating any of the provisions of this Code which are designated as subject to civil sanction or penalty shall be punished by imposition of a civil sanction not to exceed $500.00 unless another penalty is specified.
(1) Any person who fails to comply with payment of a civil sanction shall be guilty of violating A.R.S. § 13-2810, interference with judicial proceedings. The conviction shall not preclude the imposition of the assessment of a default fee and/or fees as set forth in subsections (F)(2), (3) and (4) of this section.
(2) In addition to any civil sanction imposed, the Municipal Court shall assess a default fee as set by City Council from time to time for a failure to pay any civil sanction imposed by the court.
(3) A judge or hearing officer may waive all or part of the default fee if the payment of the fee would cause a financial hardship to the defendant.
(4) If the court refers any delinquent fines, fees, sanctions, penalties or restitution for collection, any collection or attorney costs are recoverable from the defendant and may be added to any balance due from the defendant to the court.
(G) The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
(H) Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief. (Ord. 40, passed 2-22-1984; Ord. 257 § 1, passed 1-23-2008. Code 1982 Art. 1-8. Code 2012 § 10.99.)