City of St. Augustine City Code Section 1-8 Is Unconstitutional

Sec. 1-8. General penalty; continuing violations.
(a) In this section "violation of this Code" means:
(1) Doing an acting that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
(2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
(3) Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
(b) In this section "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.
(c) Except as otherwise provided, a person convicted of a violation of this Code shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days or any combination thereof. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
(d) The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
(e) Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.
(f) The imposition of a penalty does not prevent code enforcement board proceeding or the imposition of a civil fine or civil penalty.
(Code 1964, § 1-8)