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 Botetourt County
 Code of Ordinances
 Chapter 1. GENERAL PROVISIONS

  § 1-11. Classification of and penalties for violations; continuing violations.  

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  • (a)

    Whenever in this Code or any other ordinance of the county or any rule or regulation promulgated by any officer or agency of the county, under authority duly vested in such officer or agency, it is provided that a violation of any provision thereof shall constitute a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punished as follows:

    (1)

    Class 1 misdemeanors: Confinement in jail for not more than twelve (12) months and a fine of not more than two thousand five hundred dollars ($2,500.00), either or both.

    (2)

    Class 2 misdemeanors: Confinement in jail for not more than six (6) months and a fine of not more than one thousand dollars ($1,000.00), either or both.

    (3)

    Class 3 misdemeanors: A fine of not more than five hundred dollars ($500.00).

    (4)

    Class 4 misdemeanors: A fine of not more than two hundred fifty dollars ($250.00).

    (b)

    Whenever in any provision of this Code or in any other ordinance of the county or any rule or regulation promulgated by an officer or agency of the county, under authority duly vested in such officer or agency, any act is prohibited or is made or 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, where no specific penalty is provided for the violation of such provision and such violation is not described as being of a particular class of misdemeanor, such violation shall constitute a Class 1 misdemeanor and be punished as prescribed in subsection (a)(1) of this section.

    (c)

    Notwithstanding any other provision of this section or any other section of this Code, no penalty shall be imposed for a violation of this Code or any other ordinance or any rule or regulation referred to in this section, which is greater than the penalty provided by state law for a similar offense.

    (d)

    Each day any violation of this Code or any other ordinance or any rule or regulation referred to in this section shall continue shall constitute a separate offense, except where otherwise provided.

    (Code 1977, § 1-6; Res. No. 92-11-07, 11-17-92)

    State Law reference— Classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11; authority of county to provide penalties for violation of ordinances and provisions similar to subsection (c) above, Code of Virginia, § 15.1-505.

(Code 1977, § 1-6; Res. No. 92-11-07, 11-17-92)

State law reference

Classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11; authority of county to provide penalties for violation of ordinances and provisions similar to subsection (c) above, Code of Virginia, § 15.1-505.