§ 130.999 PENALTY.
   (A)   Whenever, in the codified ordinances or in any ordinance of the city, any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be fined an amount set forth by Council from time to time. Each day any such violation continues shall constitute a separate offense. All other fines, penalties or punishments for offenses against, or violations of, the codified ordinances of the city or any ordinances of the city shall remain in full force and effect.
   (B)   Any person violating any provision of § 130.001 shall, upon conviction thereof, be punished by a fine in an amount set forth by Council from time to time or be imprisoned for not more than 30 days or be punished by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(1991 Code, § 13-1)
   (C)   Any person found guilty of any offense under § 130.008 shall be fined an amount set forth by Council from time to time.
(1991 Code, § 13-5.2)
   (D)   Upon conviction of a violation of § 130.012, such person shall be fined in an amount set forth by Council from time to time.
   (E)   (1)   If any person shall commit an act of shoplifting as defined in § 130.016, for the first offense he or she shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the city jail for not more than 30 days or by fine in an amount set forth by Council from time to time, or by both such fine and imprisonment.
      (2)   If any person shall commit an act of shoplifting as defined in § 130.016, for the second or subsequent offenses he or she shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the city jail for not more than 30 days or by fine in an amount set forth by Council from time to time, or by both such fine and imprisonment.
(1991 Code, § 13-9.1)
   (F)   A violation of § 130.022 shall be declared a misdemeanor, punishable by a fine in an amount set forth by Council from time to time and/or incarceration for a period of up to one year.
   (G)   Any person who fails to abide by § 130.023 shall be charged with a misdemeanor, and upon conviction thereof, shall be fined an amount set forth by Council from time to time or confined in the county or regional jail for not more than one year.
   (H)   Any person who fails to abide by § 130.024 shall be charged with a misdemeanor, and upon conviction thereof, shall be fined an amount set forth by Council from time to time or confined in the county or regional jail for not more than 30 days.
   (I)   (1)   If any such person was admitted to bail or released after being arrested for, charged or convicted of a misdemeanor and shall thereafter be convicted for a violation of the provisions of § 130.025, such person shall be guilty of a misdemeanor for failure to appear and shall be fined an amount set forth by Council from time to time or confined in the county or regional jail for not more than one year, or both such fine and confinement.
      (2)   If any such person was a material witness and shall thereafter fail to appear when and where it shall have been required of him or her, such person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined an amount set forth by Council from time to time or confined in the county or regional jail not more than one year, or both such fine and confinement.
   (J)   Upon conviction of a violation of § 130.056, such person shall be fined an amount set forth by Council from time to time or shall be imprisoned in jail for a period not to exceed three days, or both such fine and imprisonment.
   (K)   (1)   Each day that a violation of §§ 130.085 and 130.086 continues shall be considered a separate and distinct offense.
         (a)   No person shall be found in violation of § 130.085(B)(2) unless the city proves by a preponderance of the evidence that the abatement measures were reasonable and warranted, and that the defendant knowingly failed to implement them.
         (b)   A person may be found in violation of § 130.085(B)(1) or (B)(2) regardless of whether an order of abatement is issued under § 130.086 or in violation of § 130.085(B)(1) regardless of whether a notice has been given under § 130.086. A fine may be assessed by the Elkins Municipal Court.
      (2)   Upon a finding of liability under §§ 130.085 or 130.086, the defendant shall be fined: $100 for the first offense, $200 for a second offense, $500 for a third offense and for each subsequent offense the fine shall be $1,000. Provided, that if a defendant has not had a second violation within 12 months from the first violation, then the violation shall be considered a first offense for purposes of assessing a fine.
   (L)   (1)   Any person who violates the provisions of § 130.087 shall be punished by a fine in an amount set forth by Council from time to time.
      (2)   A separate and distinct offense shall be regarded as committed each day on which such person or persons shall violate the provisions of § 130.087.
   (M)   Upon conviction of a violation of § 130.101, the offender shall, within 48 hours after such conviction, remove or cause to be removed, any such item or items, in violation of § 130.101 and his or her failure to do so shall constitute a second offense against the provisions of § 130.101. The continued failure or refusal of such offender to comply with the provisions of § 130.101 shall constitute a separate distinct and additional offense for each successive 48-hour period of such failure and refusal, and upon conviction of such second offense such offender shall be fined an amount set forth by Council from time to time for each offense with the cost of removing and disposing of said item/items to be charged to the offender.
(Ord. passed 10-16-1958; Ord. passed 5-21-1981; Ord. O96-11, passed 10-17-1996; Ord. 098-10, passed 9-17-1998; Ord. O-034, passed 8-4-2005; Ord. O-53, passed 7-20-2006; Ord. 061, passed 3-15-2007; Ord. 098, passed 5-7-2009; Ord. 214, passed 6-30-2016; Ord. 219, passed 11-3-2016; Ord. 223, passed 11-3-2016; Ord. 227, passed 12-15-2016; Ord. 242, passed 8-3-2017; Ord. 252, passed 3-1-2018; Ord. 286, passed 7-1-2021)