§ 1-1-12. General penalty; continuing violations.

(a)

Whenever in this Code or in any ordinance of the County, or rule or regulation or order promulgated by any officer or agency of the County under authority duly vested in him or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, ⁵ and if no specific penalty is provided for the violation thereof, ^[]

the violation of any such provision of this Code or of any such ordinance, rule, regulation or order shall be punished as a Class 2 misdemeanor under the provisions of Section 1-1-14 of this Code; provided, however, that where the penalty for any particular offense is limited by State statute then such limitation shall be applicable to the provisions of this Code and other ordinances of the County or rule, regulation or order as aforesaid notwithstanding the provisions of this Section.

(b)

Each day any violation of this Code or any such ordinance, rule, regulation or order shall continue shall constitute, except where otherwise provided, a separate offense. ^{6 []}

(c)

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any law, ordinance, resolution, rule, regulation or order of the County shall be deemed a public nuisance and may be by the County prevented, restrained, corrected or abated as provided by law. The imposition of the penalties herein prescribed shall not preclude the County from instituting appropriate civil action, including but not limited to injunction, to restrain, correct or abate a violation of this Code.

(d)

The suspension or revocation of any license, permit, certificate or other privilege conferred by the County, shall not be regarded as a penalty. (1954 Code, vol. 1, § 1-6; 1961 Code, § 1-6)

Footnotes:

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4. As to penalties for violations of county personnel rules, see Chapter 3 of this Code. As to penalties for violation of Fire Prevention Code, see Chapter 64 of this Code.

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5. For State law authorizing Board of Supervisors to prescribe fines and other punishment for the violation of ordinances and by laws, see Va. Code Ann., § 15.1-505. As to payment of fines and costs on installment basis, see Va. Code Ann., §§ 19.1-347.1 to 19.1-347.6.

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6. As to indigent defendants, see Tate v. Short, 401 U.S. 495 and Argersinger v. Hamlin, 407 U.S. 25.