(A) Every act or omission which, by ordinance, is made a misdemeanor under the authority of this charter, unless otherwise provided shall be punishable upon conviction before the District or Circuit Court for the County within which the offense is committed by a fine not exceeding five hundred dollars ($500.00) or imprisonment for ninety (90) days in the county jail, or both, in the discretion of the court. The party aggrieved shall have the right to appeal as is now provided under the general laws of the state. Where the act or omission is of a continuing nature and is persisted in, each day shall constitute a separate offense.
(B) (1) Infractions. The council shall by official act declare the violation of which ordinance or ordinances shall be an infraction, or infractions, and for each such violation, a specific fine shall be set. This fine shall never exceed $100 for any single, initial violation, or $200 for each repeat or continuing violation. The fine shall be expressed as a discrete amount rather than being expressed in terms of a maximum or minimum amount. The authority to declare infractions and set fines shall not be delegated by the council to any other administrative or legislative body.
(2) Issuance of citation. Those code enforcement officials authorized by the Council to enforce this code may deliver a citation to any person alleged to be committing an infraction. A copy of the citation shall be retained by the town and shall bear the certification of the enforcing official attesting to the truth of the matter set forth in the citation. The citation shall contain at a minimum the following information:
(a) Name and address of the person charged;
(b) The nature of the infraction;
(c) The location and time that the infraction occurred or was observed;
(d) The amount of the infraction fine assessed;
(e) The manner, location, and time in which the fine may be paid to the town; and
(f) The right of the accused to stand trial for the infraction.
(3) Payment of fine. The fine for an infraction shall be as specified in the law violated. The fine is payable by the recipient of the citation to the Town within 20 calendar days of receipt of the citation.
(4) No formal hearing by Town. The Town shall not conduct any formal hearing for those persons in receipt of a citation of infraction. Any offender so cited may pay the fine as indicated in the citation or elect to stand trial for the offense. This provision shall not prevent an offender from requesting, either personally or through an attorney, additional information concerning the infraction.
(5) Election to stand trial. A person receiving the citation for an infraction may elect to stand trial for the offense by notifying the Town in writing of his intentions of standing trial. The notice shall be given at least 5 days prior to the date of payment as set forth in the citation. Upon receipt of the notice of the intention to stand trial, the Town shall forward to the district court having venue a copy of the notice from the person who received the citation indicating his intention to stand trial. Upon receipt of the citation the district court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties, or forfeitures collected by the district court for violations of infractions shall be remitted to the general fund of the Town.
(6) Failure to pay fine. If a person receiving a citation for an infraction fails to pay the fine for the infraction by the date of payment set forth on the citation and fails to file a notice of his intention to stand trial for the offense, a formal notice of the infraction shall be sent to the offender's last known address. If the citation has not been satisfied within 15 days from the date of the notice, he shall be liable for an additional fine not to exceed twice the original fine. If after 36 days the citation has not been satisfied, the Town may request adjudication of the case through the District Court. The District Court shall promptly schedule the case for trial and summon the defendant to appear.
(7) Conviction not criminal offense. Conviction of a municipal infraction, whether by the District Court or by payment of the fine to the town, is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.
(8) Court proceedings and rights of accused. In any proceeding for a municipal infraction, the accused shall have the same rights as for the trial of criminal cases. He shall have the right to cross-examine witnesses against him, to testify or introduce evidence in his own behalf and to be represented by an attorney of his own selection and at his own expense.