§ 1-11. General penalty; continuing violations, violations as public nuisance.

(a)

In this section, the phrase "violation of this Code" means:

(1)

Doing an act that is prohibited or made or declared to be an unlawful act, 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, rule, or regulation authorized by ordinance; or

(3)

Failure to perform an act if the failure is declared a misdemeanor, an offense, or an unlawful omission by ordinance, rule, or regulation authorized by ordinance.

(b)

The phrase "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 of this Code that it is the intent of the county to impose the penalty provided for in this section upon the county officer or employee.

(c)

Except as otherwise provided in this Code, 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 90 days or work on the streets or public works for a period not exceeding 90 days, or both, or any combination thereof.

(d)

All sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid.

(e)

Except as otherwise provided in this Code, each day that a violation of this Code continues shall constitute a separate offense.

(f)

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. Further, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance, resolution, rule, regulation or order shall be deemed a public nuisance and may be abated by the county as provided by law.

(g)

The imposition of a penalty does not prohibit equitable relief to include stop work orders and temporary restraining orders or injunctions when applicable.

(h)

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

(i)

All fines shall be paid into the county treasury.

(j)

In the event community service is substituted for a fine, the monetary rate for hourly work shall be the federal minimum hourly wage.

(k)

If it is deemed by a court of competent jurisdiction that a punishment imposed under this Code conflicts with state law, the punishment shall be the maximum permitted by law.

State law reference

Maximum penalties that may be imposed by municipalities, O.C.G.A. §§ 36-35-6, 36-32-1, 36-32-5; additional penalties and bond in certain criminal and traffic cases, O.C.G.A. § 15-21-73; authority to impose community service as punishment, O.C.G.A. § 17-10-1; alternative sentences by municipal courts, O.C.G.A. § 36-32-5.