§ 1-7. General penalty.

(a)

In this section, the term "violation of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, a violation 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.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor 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 specifically provided that the failure to perform the duty is to be punished as provided in this section.

(c)

Any violation of this Code by any officer, agent or other person acting for or employed by any corporation or unincorporated association or organization, while acting within the scope of his office or employment, shall in every case also be deemed to be a violation by such corporation, association or organization. Any officer, agent or other person acting for or employed by any corporation or unincorporated association or organization shall be subject and liable to punishment as well as such corporation or unincorporated association or organization for the violation by it of any provision of this Code, where such violation was the act or omission, or the result of the act, omission or order of any such person.

(d)

Except as otherwise provided by law or ordinance, violations of this Code shall be a class 1 misdemeanor. No penalty shall exceed the penalty prescribed by general law for a like offense and such penalty shall not be any less than such penalty. Persons convicted of a violation of this Code shall be punished as follows:

(1)

For a class 1 misdemeanor, by the penalty provided in state law for a class 1 misdemeanor.

(2)

For a class 2 misdemeanor, by the penalty provided in state law for a class 2 misdemeanor.

(3)

For a class 3 misdemeanor, by the penalty provided in state law for a class 3 misdemeanor.

(4)

For a class 4 misdemeanor, by the penalty provided in state law for a class 4 misdemeanor.

(e)

Except as otherwise provided by law or ordinance:

(1)

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

(2)

With respect to violations of this Code that are not continuous with respect to time, each act constitutes a separate offense.

(f)

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

(g)

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

(Code 1974, §§ 1-7, 1-8)

State Law reference— Authority to provide above penalty for violation of ordinances, Code of Virginia, § 15.2-1429; punishments for class 1, 2, 3 and 4 misdemeanors, Code of Virginia, § 18.2-11; injunctive relief for continuing violations of ordinances, Code of Virginia, § 15.2-1432.

(Code 1974, §§ 1-7, 1-8)

State law reference

Authority to provide above penalty for violation of ordinances, Code of Virginia, § 15.2-1429; punishments for class 1, 2, 3 and 4 misdemeanors, Code of Virginia, § 18.2-11; injunctive relief for continuing violations of ordinances, Code of Virginia, § 15.2-1432.