§ 1-13. General penalty; continuing violations; injunctive relief.  


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  • (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, regulation or order authorized by ordinance;

    (2)

    Failure to perform an act that is required to be performed by ordinance or by rule, regulation or order 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, regulation or order authorized by ordinance.

    (b)

    In this section, the term "violation of this Code" does not include the failure of a county officer or county 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 shall be punished by a fine or imprisonment not exceeding the penalty provided in general law of the Code of Virginia for the violation of a class 1 misdemeanor.

    (2)

    Any violation of this Code that is declared to be a class 2 misdemeanor shall be subject to the penalty provided by general law for a class 2 misdemeanor.

    (3)

    Any violation of this Code that is declared to be a class 3 misdemeanor shall be subject to the penalty provided by general law for a class 3 misdemeanor.

    (4)

    Any violation of this Code that is declared to be a class 4 misdemeanor shall be subject to the penalty provided by general law for a class 4 misdemeanor.

    (5)

    No fine or term of confinement for the violation of a violation of this Code shall exceed the penalty provided by general law of the Code of Virginia for like offenses.

    (d)

    Each day a violation of this Code or any such ordinance, rule, regulation or order continues shall constitute, except where otherwise provided, a separate offense.

    (e)

    The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise or other administrative sanctions.

    (f)

    The imposition of any penalty does not prohibit the county, in any proper case, from seeking equitable relief in any court of competent jurisdiction to enjoin the violation of any provision of this Code or other county ordinance.

    (Code 1980, § 1-6; Code 1995, § 1-13)

    State Law reference— Penalties for violation of county ordinances, Code of Virginia, § 15.2-1429; penalties for misdemeanors, Code of Virginia, § 18.2-11.

(Code 1980, § 1-6; Code 1995, § 1-13)

State law reference

Penalties for violation of county ordinances, Code of Virginia, § 15.2-1429; penalties for misdemeanors, Code of Virginia, § 18.2-11.