Unless otherwise specifically provided:
(a) Whoever is convicted of or pleads guilty to a misdemeanor, other than a minor misdemeanor, shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
(b) Terms of imprisonment for misdemeanor shall be imposed as follows:
(1) For a misdemeanor of the first degree, not more than 180 days;
(2) For a misdemeanor of the second degree, not more than ninety days;
(3) For a misdemeanor of the third degree, not more than sixty days;
(4) For a misdemeanor of the fourth degree, not more than thirty days.
(c) Fines for misdemeanor shall be imposed as follows:
(1) For a misdemeanor of the first degree, not more than one thousand dollars ($1,000);
(2) For a misdemeanor of the second degree, not more than seven hundred fifty dollars ($750.00);
(3) For a misdemeanor of the third degree, not more than five hundred dollars ($500.00);
(4) For a misdemeanor of the fourth degree, not more than two hundred fifty dollars ($250.00).
(d) Fines for minor misdemeanors.
(1) Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than one hundred fifty dollars ($150.00).
(2) Rules establishing income-based fines may be established by the Mayor's Court Magistrate with approval by the City Attorney, based upon the following criteria:
A. Income-based fines are available, subject to eligibility criteria to be specified by the rules, with the offender being provided with information, at the time of the citation, of the availability of income-based fines whenever practicable.
B. The rules may limit the availability of income-based fines for repeat offenders.
C. Income-based fines shall be determined based upon individual income, household income, and liquid assets.
D. Eligibility for income-based fines shall be established based upon an affidavit, which may be subject to audit by the Prosecutor. If, upon audit, it is found that the signatory knowingly and willfully provided false information in order to secure a lower fine, the signatory shall be charged with a misdemeanor of the first degree, which shall be prosecuted in accordance with Chapter 698 of this Code of Ordinances.
E. Income based fines cannot exceed the maximum fine for the particular offense authorized by City ordinances.
(e) The court may require a person who is convicted of or pleads guilty to a misdemeanor to make restitution for all or part of the property damage that is caused by his offense. If the court determines that the victim of the offense was sixty-five years of age or older or permanently or totally disabled at the time of the commission of the offense, the court shall, regardless of whether or not the offender knew the age of the victim, consider this fact in favor of imposing restitution, but this fact shall not control the decision of the court.
(Ord. 47-21. Passed 11-16-21.)