A. First Conviction: Upon first conviction of a violation of any provision of this part, the penalty shall be a fine of not more than five hundred dollars ($500.00), nor less than one hundred dollars ($100.00).
B. Second Conviction: Upon a second conviction of a violation of any provision of this part, the penalty shall be a fine of not more than five hundred dollars ($500.00), nor less than two hundred fifty dollars ($250.00), or imprisonment in jail for a period of not more than ninety (90) days, or both.
C. Third And Subsequent Convictions: Upon a third or subsequent conviction of a violation of any provision of this part, the penalty shall be a fine of not more than five hundred dollars ($500.00), nor less than three hundred fifty dollars ($350.00) or imprisonment in jail for a period of not more than ninety (90) days, or both.
D. Confiscation; Forfeiture:
1. Any equipment defined by this part which is used by the licensee shall be confiscated by a police officer when, on service of a citation for a current violation of this General Licensing Code, the officer has knowledge or information that the licensee suspected of the current violation has two (2) previous convictions for violating this General Licensing Code.
2. Any equipment defined by this part which is used by the licensee during the violation of any provision of this General Licensing Code shall be forfeited to the City upon conviction in the Municipal Court of a third or subsequent violation.
3. Upon defendant's written motion, after hearing and in the exercise of its discretion, the Municipal Court may direct that the equipment not be forfeited and order its return. (Ord. 95-42; Ord. 01-42; Ord. 14-89)