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A. Misdemeanor Penalty: Any person convicted of a violation of any section or provision of this code, without regard to the form of the judgment, shall be subject to fine and/or imprisonment up to but not exceeding the maximum penalties set forth in sections 18-113 and 50-302, Idaho Code, as may from time to time be amended and/or retitled. Either or both such fine and imprisonment may be imposed; and in addition thereto, any person so convicted shall pay costs as the court may assess. (Ord. 703, 9-24-2013)
B. Infraction Penalty: Any person convicted of a violation of any section or provision of this code when such offense is specifically designated as an infraction, and where no other penalty is set forth therein, shall be subject to fine as set forth in section 18-113A, Idaho Code, as may from time to time be amended and/or retitled. For a first offense the infraction penalty shall be fifty dollars ($50.00). For a second offense within a one (1) year period from the date of conviction, the penalty shall be one hundred dollars ($100.00). For a third and subsequent offense(s) within a one (1) year period from the date of initial conviction, the penalty shall be a misdemeanor violation as specified within Section 1-4-1 (A) of this code.
1. Failure To Appear On Citation Or Summons: If the defendant fails to appear before the clerk and/or court at or before the time stated in an infraction citation or summons, the court shall enter default judgment against the defendant for the infraction as provided by law without giving further notice to the defendant.
2. Failure To Appear After First Appearance: If a defendant fails to appear at the time fixed by a trial date notice or continuance notice served on the defendant as provided by law, the court shall enter default judgment against the defendant for the infraction without giving further notice to the defendant.
3. Notice Of Default Judgment: If a default judgment is entered against a defendant for an infraction pursuant to law, the clerk shall mail a notice of judgment to the defendant at the address stated in the citation advising the defendant that the defendant must pay the judgment by a date certain which shall not be less than fourteen (14) days after the date of the notice. Where applicable, the notice shall state that failure to pay the judgment will result in suspension of his/her driver's license. (Ord. 727, 10-14-2014)
C. Failure To Obey Citation For Misdemeanor Or Infraction:
1. In addition to the aforementioned penalties provided herein, it shall be unlawful for any person to fail to appear in court at the time promised on a misdemeanor or infraction citation or to fail to appear at the time indicated on a misdemeanor or infraction citation served upon the defendant or to fail to appear at the time indicated on a misdemeanor or infraction summons served upon the defendant, regardless of the disposition of the underlying charge upon which such citation or summons was originally issued.
2. The duty to appear in court at the time indicated in a misdemeanor or infraction citation or summons may be complied with by an appearance by counsel in the manner prescribed by rule of the supreme court.
3. Violation of the provisions of this subsection C shall be a misdemeanor.
D. Federally Mandated Programs: When this city is participating in a federally mandated program, wherein penalties or enforcement remedies are required by the terms of participation in the program, the city may enforce such requirements by ordinance, to include a criminal or civil monetary penalty not to exceed one thousand dollars ($1,000.00), or imprisonment for criminal offenses not to exceed six (6) months or to include both a fine and imprisonment for criminal offenses as set forth in section 50-302, Idaho Code, as may from time to time be amended and/or retitled.
E. License: When a person is convicted or found guilty of a violation of any section or provision of this code or any ordinance of the city, any license previously issued to him/her by the city, and directly related to the conviction, may be revoked by the court or by the city council. (Ord. 703, 9-24-2013; amd. Ord. 851, 9-14-2021)