Article 1-6 PENALTY
Sections:
- 1-6-1 Collections – Recovery by Suit
- 1-6-2 Separate Violations
- 1-6-3 Classification of Misdemeanors
- 1-6-4 Enforcement
- 1-6-5 Commencement
- 1-6-6 Service of Citation
- 1-6-7 Appearance – Initial Hearing
- 1-6-8 Failure to Appear – Default Judgment – Failure to Pay
- 1-6-9 Rules of Procedure
- 1-6-10 Appeals
- 1-6-11 Magistrate Court
- 1-6-12 Applicability – Severability – Conflicts – Amended Statutes
A violation of this code or the Town of Clarkdale Zoning Code may be deemed and brought by the person enforcing or prosecuting the violation on behalf of the Town under Section 1-6-4 as a civil offense, civil traffic violation (if applicable), petty offense, or criminal misdemeanor offense, punishable by one (1) or more of the following penalties for each violation, at the discretion of the Magistrate Court:
A. Civil Fine. A civil sanction, not to exceed two thousand five hundred dollars ($2,500); if a specific provision of this code sets a particular minimum, maximum, or range for a civil sanction, that specific provision shall control.
B. Jail Time. For criminal misdemeanor offenses, a sentence of imprisonment for a term up to the maximum limitation set by A.R.S. § 13-707.
C. Incarceration Fee. Along with any sentence of imprisonment, if a person is incarcerated in the Yavapai County jail, the actual expenses incurred by the Town for the person’s confinement as determined by the per diem amount charged by Yavapai County at the time of the sentencing for housing a prisoner; this charge may be waived by the Magistrate Court for a person found by the Magistrate Court to be indigent.
D. Probation. By imposing supervised or unsupervised probation up to one (1) year less a day (three hundred sixty-four (364) days); such probation may include conditions to be fulfilled during the probation period.
E. Criminal Fine. For criminal misdemeanor or petty offenses, a fine up to the maximum limitation set by A.R.S. § 13-802 plus applicable surcharges.
F. Deferral Fee. By imposing a fee of up to one thousand dollars ($1,000) to defer prosecution or enforcement of a violation for a certain period of time, during which the alleged violator shall complete certain conditions requested by the person enforcing or prosecuting the violation on behalf of the Town.
G. Court Operation Surcharge. A fee surcharge set by Arizona law and/or Town ordinance or resolution for the operation of the Magistrate Court, including any equipment, software, or service for such operation.
H. Community Service. A sentence of up to five hundred (500) hours of community service, to be performed under the direction of and assignment by the Community Development Department or the Magistrate Court. The Magistrate Court may reduce a fine or fee to be paid for a violation by crediting community restitution performed by the violator against the fee or fine, as permitted by A.R.S. § 13-824.
I. Restitution. By requiring restitution be paid to any person, partnership, company, corporation, or other entity, including the Town, suffering economic loss as set forth in A.R.S. § 13-105(16).
J. Prosecution and Enforcement Costs. By imposing a charge for reasonable prosecution or enforcement costs related to prosecuting or enforcing the violation and any fees paid to a public defender appointed for an alleged violator; this charge may be waived by the Magistrate Court for a person found by the Magistrate Court to be indigent.
K. Time Payment Surcharge. As permitted by Arizona law, by imposing a surcharge for collecting payments over time for monetary penalties not paid in full on the day penalties are imposed by the Magistrate Court.
L. Abatement – Removal – Correction – Remedy. By ordering abatement, removal, correction, and/or the remedy of any violation pursuant to the code and/or A.R.S. § 9-499 or other applicable Arizona law. Abatement, removal, correction, and/or remedy may be ordered in addition to any monetary penalties or any other penalty under this article. [Ordinance #376, 2016; Resolution #1529, 2016; prior code Art. 1-8.]