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CHAPTER 04 Title 1 General Penalty Provisions CHAPTER 4 GENERAL PENALTY PROVISIONS SECTION: 1-4-1: Misdemeanor Penalty 1-4-2: Infractions 1-4-3: Applicability of Penalty 1-4-4: Multiple Violations 1-4-5: Prosecution Discretion 1-4-6: Penalty Against Officers 1-4-1: MISDEMEANOR PENALTY: Whenever any person commits a misdemeanor under the provisions of the City Code of the City of Ammon, the same shall be subject to the maximum penalty allowed, pursuant to Idaho Code 18-113, and/or 18- 303 or its successor as may be amended from time to time. Each misdemeanor penalty shall be subject to the maximum penalty plus any applicable court fees. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines and/or imprisonment. In addition to any criminal penalties as provided herein, the City may enforce all ordinances and requirements by all civil remedies as permitted by law, including but not limited to withholding issuance of a building permit, certificate of occupancy, injunctive relief, writs of mandamus, stop work orders, etc. 1-4-2: INFRACTIONS: Whenever any person commits an infraction as outlined in the Ammon City Code, the same shall be subject to penalty as defined by Idaho Code 18-113A, or as amended or re-codified. Such person shall be punishable by a fine not exceeding the maximum penalty allowed by Idaho Code. Infractions not designated by a specific infraction level within the City Code, shall be cited as Level 1 infraction on the first violation, the second violation shall be considered a level 2 infraction and the third and any subsequent violations shall be considered a level 3 infraction, subject to all penalties allowed by law. Each subsequent violation, (after two (2), within a twelve (12) month period shall be cited as a Level 3 infraction. In addition to any criminal penalties as provided herein, the City may enforce all ordinances and requirements by all civil remedies as permitted by law, including but not limited to withholding issuance of a building permit, certificate of occupancy, injunctive relief, writs of mandamus, stop work orders, etc. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations may be assessed on a per violation per day basis and may be assessed at increasing levels of infractions pursuant to this section. The fees for Level 1 and Level 2 infraction violations shall be adopted by the City Council by resolution. The Level 3 violation penalty shall be the maximum allowed by Idaho Code 18-113A. Title 1, Chapter 4 Page 1 of 2 Adopted 5-3-2018 1-4-3: APPLICABILITY OF PENALTY: The penalties provided in this Chapter shall be applied as though they were a part of every separate section of this Code. 1-4-4: MULTIPLE VIOLATIONS: Whenever the same person violates the same section of this Code 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. 1-4-5: PROSECUTORIAL DISCRETION: Whenever the same offense, act, or omission is punishable under different sections of this Code, 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 this Code. 1-4-6: PENALTY AGAINST OFFICERS: The penalty provisions of this Chapter shall not apply to any section of this Code which 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. Title 1, Chapter 4 Page 2 of 2 Adopted 5-3-2018