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prosecution or proceeding pending at the time of the repeal, for any offense committed under the <br />ordinance repealed, nor any debt to the Town incurred before the repeal took effect. <br />SECTION IV <br />Section 1.10.40 is amended to read as follows: <br />Sec. 1.10.040. General penalty; continuing violations. <br />(a) Whenever in this Code or in any other ordinance of the Town or in any rule, regulation <br />or order issued or promulgated pursuant thereto any act is prohibited or is made or declared to be <br />unlawful or an offense or the doing of any act is required or the failure to do any act is declared to <br />be unlawful, where no specific penalty is provided therefor, the violation of any such provision shall <br />constitute an infraction, and the penalties therefor shall be those specified by Government Code <br />section 36900(b). Where a violation is specifically declared to be a misdemeanor, it shall be <br />punished by a fine not exceeding one thousand dollars ($1,000.00) or the imprisonment for a term <br />not exceeding six (6) months or by both such fine and imprisonment. Any violation, whether <br />infraction or misdemeanor, may also be redressed by civil action. Violation of any section of this <br />Code is also declared to be a public nuisance. <br />(b) Notwithstanding Subsection (a) above, it is unlawful and a misdemeanor for any person <br />to willfully and knowingly violate any provision or to willfully and knowingly fail to comply with <br />any of the requirements of the Code. A willful and knowing violation or failure to comply is one <br />that occurs after the person has been informed that certain conduct is in violation of this Code and <br />continues the unlawful conduct. <br />(c) The arresting officer or prosecutor may elect to charge an offense that constitutes a <br />misdemeanor under Subsection (b) above as an infraction if the officer or prosecutor identifies <br />mitigating circumstances to justify such a reduced charge in writing. Such mitigating circumstances <br />may include, but are not limited to, insignificant impact on the public or a victim, lack of <br />comprehension by the violator, or prompt correction of or restitution to the victim for the violation. <br />The reasons for a reduced charge shall be indicated on the citation or report and filed with the Town <br />Attorney. The Court may also reduce the charge to an infraction upon a finding of mitigating <br />