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 Palm Coast
 Code of Ordinances
 Chapter 1. GENERAL PROVISIONS

  § 1-15. General penalty; continuing violations.  

Latest version.

  • (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.

    (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, "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 punished by a fine not exceeding $500.00.

    (d)

    The penalty of incarceration shall be [a] potential penalty only when specifically set forth with regard to violation of a provision of this Code. In such occasions, the potential penalty shall be incarceration for a term not exceeding sixty (60) days and a fine not exceeding sixty (60) days.

    (e)

    With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

    (f)

    The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise, the imposition of civil penalties or other administrative actions.

    (g)

    Violations of this Code may be abated by injunctive or other equitable relief and no bond shall be required nor proof of intent or scienter. The imposition of a penalty does not prevent equitable relief.

    City ordinances which are enacted by the City Council and which are to be codified in this Code need not set forth a penalty provision and violation of such ordinances shall be subject to the penalty provisions of this section. Non-codified ordinances shall contain a specific penalty provision.

(Ord. No. 99-3, § 1, 12-29-99; Ord. No. 00-6, § 1, 3-7-00)