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 Halifax County
 Code of Ordinances
 Chapter 1. GENERAL PROVISIONS

  § 1-15. General penalty; classification of misdemeanors.

Latest version.

  • (a)

    Whenever in this Code, or in any ordinance of the county or rule or regulation promulgated by an officer, board, commission or agency of the county under authority vested by law or ordinance, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required, or the failure to do any act is made or declared to be unlawful or an offense or a misdemeanor, the violation of any such provision of this Code, ordinance, rule or regulation shall be punished as follows, except as otherwise provided in subsection (b) of this section:

    (1)

    Whenever an act or offense, or the failure to do any act is declared to be a class 1 misdemeanor, such act or offense shall be punished by a fine of not more than $2,500.00 or confinement in jail for not more than 12 months, or both such fine and imprisonment.

    (2)

    Whenever an act or offense, or the failure to do any act is declared to be a class 2 misdemeanor, such act or offense shall be punished by a fine of not more than $1,000.00 or confinement in jail for not more than six months, or both such fine and imprisonment.

    (3)

    Whenever an act or offense, or the failure to do any act is declared to be a class 3 misdemeanor, such act or offense shall be punished by a fine of not more than $500.00.

    (4)

    Whenever an act or offense, or the failure to do any act is declared to be a class 4 misdemeanor, such act or offense shall be punished by a fine of not more than $250.00.

    (b)

    Whenever a provision in this Code or other ordinance of the county prescribes punishment by stating that the act or offense, or the failure to do any act, is a misdemeanor, or that it is punishable as provided for in this section, or no specific penalty is provided therefor, the act or offense, or failure to do any act, shall be deemed to be a class 1 misdemeanor. Acts or offenses, or failure to do any act, defined by the various provisions of this Code, for which punishment is prescribed without specification as to the class of the offense, act or failure to act, shall be punished according to the provisions prescribing the punishment; but such penalty shall not exceed the penalty prescribed by state law for the same offense.

    (c)

    Except where otherwise provided, each day any violation of this Code or of any such ordinance, rule or regulation shall continue shall constitute a separate offense.

    (d)

    The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the county may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits.

    (Code 2000, § 1-6)

    State Law reference— Authority of county to impose penalty for violation of ordinances, Code of Virginia, § 15.2-1429; penalties for misdemeanors, Code of Virginia, §§ 18.2-11, 18.2-12; issuance of summons, etc., Code of Virginia, § 19.2-74; search warrants, etc., Code of Virginia, § 19.2-59.

(Code 2000, § 1-6)

State law reference

Authority of county to impose penalty for violation of ordinances, Code of Virginia, § 15.2-1429; penalties for misdemeanors, Code of Virginia, §§ 18.2-11, 18.2-12; issuance of summons, etc., Code of Virginia, § 19.2-74; search warrants, etc., Code of Virginia, § 19.2-59.