In any case in which the city has adopted by reference a state law which bears a separate penalty in conflict with the definition of gross misdemeanor and misdemeanor, the penalty provisions of this code shall apply unless the penalty imposed under this code are more stringent than state law, in which event, state law regarding the penalty shall apply. (Ord. 1845, § 1, 2011; Ord. 974, § 1, 1990.)