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A police officer may issue a citation instead of making an arrest for the following offenses, if there are reasonable grounds to believe that the person being cited will appear to answer the charge:
(a) Any misdemeanor, not involving injury to the person, committed in a police officer's presence: provided, that the officer may arrest the person if he has reasonable grounds to believe that the person is likely to cause serious harm to himself or others; and
(b) When any person is being detained for the purpose of investigating whether such person has committed or attempted to commit shoplifting, pursuant to Section 533.01
of this Code.
The citation shall provide that the defendant shall appear within a designated time.
If the defendant fails to appear in response to the citation or if there are reasonable grounds to believe that he will not appear, a complaint may be made and a warrant shall issue. When a physical arrest is made and a citation is issued in relation to the same offense, the officer shall mark on the citation, in the place specified for court appearance date, the word "arrested" in lieu of the date of court appearance.
(WVaC 62-1-5(a))
A person is guilty of reporting a false emergency incident when knowing the information reported, conveyed or circulated is false or baseless, he:
(a) Initiates or circulates a false report or warning of or impending occurrence of a fire, explosion, crime, catastrophe, accident, illness or other emergency under circumstances in which it is likely that public alarm or inconvenience will result or that firefighting apparatus, ambulance apparatus, one or more rescue vehicles or other emergency apparatus might be summoned; or
(b) Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe, accident, illness or other emergency in which it is likely that public alarm or inconvenience will result or that firefighting apparatus, ambulance apparatus, one or more rescue vehicles or other emergency apparatus might be summoned, which did not occur, does not in fact exist; or
(c) Reports to a law-enforcement officer or agency the alleged occurrence of any offense or incident which did not in fact occur or an allegedly impending occurrence of an offense or incident which is not in fact about to occur or false information relating to an actual offense or incident or to the alleged implication of some person therein; or
(d) Without just cause, calls or summons by telephone, fire alarm system or otherwise, any firefighting apparatus, ambulance apparatus, rescue vehicles or other emergency vehicles.
(WVaC 61-6-20)
In the event that any City emergency department receives in excess of two false alarms from any alarm system within any calendar month and investigation indicates the causes of said false alarms are the result of improper maintenance of the alarm system or improper performance on the part of the alarm user, its agents or employees, the alarm user shall be fined not less than one hundred dollars ($100.00) for each false alarm. Each and every false alarm in excess of two false alarms monthly shall be a separate violation.
(Ord. 12-96. Passed 12-9-96.)
(a) Whoever violates any provision of this Part Five - General Offenses Code for which no other penalty is provided shall be fined not more than five hundred dollars ($500.00). Each day such violation continues shall constitute a separate offense.
(b) Whoever violates Section 501.01 shall be fined not more than one hundred dollars ($100.00).
(WVaC 61-5-14)
(c) (1) Except as provided by the provisions of subsection (c)(2) of this section, any person who violates the provisions of Section 501.03
shall be fined for a first offense not more than one hundred dollars ($100.00); and for a second and each subsequent offense fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(2) Any person who violates the provisions of Section 501.03
with the intent to cause injury to the person of another, to cause destruction of the property of another or to divert the attention of law enforcement or fire personnel to help effectuate the commission of another crime shall be guilty of a felony and shall be prosecuted under appropriate state law.
(d) Whoever violates Section 501.04 shall be fined not more than one thousand dollars ($1,000).
(WVaC 61-6-17)
(e) Whoever violates Section 501.05(a) shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000), or confined in jail for not more than thirty days, or both fined and confined.
(WVaC 61-1-9)