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§ 1.11 MARTINSVILLE CODE <br /> <br /> (3) Class 3 misdemeanor: By a frae of not more than five hundred dollars ($500.00). <br /> <br /> (4) Class 4 misdemeanor: By a fine of not more than two hundred fifty dollars ($250.00). <br /> <br /> (5) Traffic infraction: By a fine of not more than two hundred dollars ($200.00). <br /> <br /> Co) Whenever in any provision of this Code or in any other ordinance of the city or any <br />rule or regulation promulgated by an officer or agency of the city, under authority duly vested <br />in such officer or agency, any act is prohibited or is made or declared to be unlawful or an <br />offense or a misdemeanor, or the doing of any act is required, or the failure to do any act is <br />declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided <br />for the violation of such provision and such violation is not described as being of a particular <br />class of misdemeanor or a traffic infraction, such violation shall constitute a Class 1 misde- <br />meanor punishable as prescribed in subsection (a)(1) above. <br /> <br /> (c) Notwithstanding any other provision of this section or any other section of this Code, <br />no penalty shall be imposed for a violation of this Code or any rule or regulation referred to in <br />this section which is greater than the penalty provided by state law for a similar offense. <br /> <br /> (d) Unless otherwise provided, each day any violation of this Code or any ordinance or <br />rule or regulation referred to in this section continues shall constitute a separate offense. <br />(Code 1971, § 1-6; Ord of 1-12-82; Ord. No. 90-9, 6-26,90; Ord. No. 92-9, 6-9-92) <br /> Charter references-Authority of city to provide and impose penalties for ordinance <br />violations, Ch. 1, § 2(37); duty of commonwealth's attorney to prosecute ordinance violations, <br />Ch. 6, § 4. <br /> State law references-Classification of misdemeanors and punishment therefor, Code of <br />Virginia, §§ 18.2-9, 18.2-11; punishment for traffic infractions, § 46.2-113; authority of city to <br />provide penalties for violation of ordinances, § 15.1-901; authority of court trying case, upon <br />conviction, to require bond conditioned that the person convicted will not violate the ordinance <br />for the breach of which he was convicted for a period of not more than one year, § 15.1-902. <br /> <br />Sec. 1-12. Enjoining continuing violations. <br /> <br /> In addition to any penalty imposed for the violation of any provision of this Code or other <br />ordinance, the city may enjoin the continuing violation thereof by proceedings for an injunc- <br />tion brought in any court having jurisdiction to grant injunctive relief. <br />(Code 1971, § 1-6; Ord. of 1-12-82; Ord. No. 90-9, 6-26-90; Ord. No. 91-2, 5-14-91) <br /> Charter reference--Authority of city to maintain suit to restrain ordinance violations, <br />Ch. 1, § 2(37). <br /> State law reference--Similar provisions, Code of Virginia, § 15.1-905. <br /> <br />Sec. 1-13. Costs, fees, etc., for violations. <br /> <br /> The district courts for the city shall, in the matter of taxing, costs and filing fees on <br />violations of this Code and other ordinances, follow the same procedure as that prescribed by <br />state law for state law violations, and .the clerk of the circuit court shall be entitled to the <br />same fees in respect to such violations and shall follow the same procedure in respect to filing, <br /> <br />Supp. No. 28 92 <br /> <br /> <br />