§ 1-7. General penalty; continuing violations.

(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 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 ordinance.

(b)

In this section, the term "violation of this Code" does not include the failure of a town officer or town 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 punished by a fine not exceeding $500.00. Pursuant to V.T.C.A., Penal Code § 6.02(f), no ordinance shall be deemed or interpreted to require culpable mental state.

(2)

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

(3)

With respect to violations of this Code that are not continuous with respect to time, each day the violation continues is a separate offense.

(d)

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

(e)

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. The imposition of a penalty does not prevent equitable relief.

State law reference

Penalty for ordinance violations, V.T.C.A., Local Government Code § 54.001.