A. Any person who violates any provision of this chapter shall be subject to a fine as set forth herein. Each day that an offense is committed, or continues to be committed, shall be considered a new and separate offense.
B. The court shall consider as an aggravating factor for purposes of imposition of any penalty for conviction of an offense committed under this chapter, the following:
1. That the sale or delivery, possession or use occurred on the real property comprising any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within one thousand feet (1,000') of the real property comprising any school or of any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity;
2. That the sale or delivery was by a person who is at least eighteen (18) years of age to any person under eighteen (18) years of age and who is at least three (3) years his junior.
3. Any other pertinent factor or circumstance. (2013 Code § 3-5-5)