Any person who falsifies or distorts information required by this chapter shall be subject to the penalties provided for in this chapter.

(Ord. No. 621, Enacted, 3/7/83)

Burden of proof shall in all instances be assigned to the applicant in proceeding under this chapter.

(Ord. No. 621, Enacted, 3/7/83)

Where other town and/or state regulations apply concurrently with this chapter the more restrictive shall govern.

(Ord. No. 621, Enacted, 3/7/83)

If any provision of this chapter or the applicability thereof to any person or circumstance is held invalid, the remainder of this chapter and its application to other persons or circumstances shall not be affected.

(Ord. No. 621, Enacted, 3/7/83)

The provisions of this chapter shall be liberally construed in favor of the public interest.

(Ord. No. 621, Enacted, 3/7/83)

Editor's note— Ord. No. 1015, § 1, adopted June 11, 2024, amended the title of section 26-03-060 to read as herein set out. The former section 26-03-060 title pertained to violation—penalty.

A.

In this section the term "violation of this Code" or "violation of any such provision of this Code or any such ordinance" means any of the following:

i.

Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance, by statute adopted by reference in this Code, by state rule or regulation adopted by reference in this Code, or by rule or regulation authorized by ordinance.

ii.

Failure to perform an act that is required to be performed by ordinance, by statute adopted by reference in this Code, by state rule or regulation adopted by reference in this Code or by rule or regulation authorized by ordinance.

iii.

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, by statute adopted by reference in this Code, by state rule or regulation adopted by reference in this Code or by rule or regulation authorized by ordinance.

B.

In this section the term "violation of this Code" or "violation of any such provision of this Code or any such ordinance" 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.

Unless a different penalty is otherwise specified, whenever in this Code or in any ordinance of the town any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Code or any ordinance the doing of any act is required and the failure to do such act is declared to be unlawful, and no specific penalty is provided, and unless otherwise provided by state law, the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not more than seven hundred fifty dollars ($750.00) together with cost as set by the municipal court, but not to exceed ten dollars ($10.00) for all violations, except as otherwise provided. In addition to the imposition of any penalties and costs, a person convicted of a violation of this Code may be assessed such fees as allowable under state law.

D.

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

E.

Violations of this Code may also be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive or other equitable relief.

F.

The imposition of a penalty under the provisions of this section shall not prevent the revocation of any permit or license or the taking of other punitive or remedial action where called for or permitted under the provisions of this Code.

(Ord. No. 621, Enacted, 3/7/83; Ord. No. 847, Amended, 06/10/2008; Ord. No. 1015, § 1, Amended, 6/11/2024)

State Law reference— Penalty authorized for ordinance violations, W.S. 15-1-103(a)(xli); disposition of fines and penalties, W.S. 5-6-303; special probation for minor defendants, W.S. 5-6-114; court costs, W.S. 5-6-108.