§ 35.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   (1)   A person who intentionally violates any provision of § 35.21 may be punished by a term of incarceration in a penal institution, other than a penitentiary, for a period of not more than 364 days and may be fined in an amount not to exceed $2,500.

      (2)   Any person who intentionally violates any provision of § 35.22 is subject to a fine in an amount of not less than $1,001 and not more than $5,000.

      (3)   Any person who intentionally makes a false report alleging a violation of any provision of §§ 35.21 through 35.23 to the local enforcement authorities, the State’s Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution, other than a penitentiary, for a period of not more than 364 days and may be fined in an amount not to exceed $2,500.

      (4)   A violation of § 35.21 shall be prosecuted as a criminal offense by the County State’s Attorney by filing in the Circuit Court an information, or sworn complaint, charging such offense. The prosecution shall be under, and conform to, the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. A violation of § 35.22 may be prosecuted as a quasi-criminal offense by the County State’s Attorney.

      (5)   In addition to any other penalty that may be applicable, when criminal or civil, an officer or employee who intentionally violates any provision of §§ 35.21 and 35.22 is subject to discipline or discharge.

      (6)   All alleged violations of §§ 35.21 through 35.23 shall only be investigated by the County Sheriff’s Department and forwarded as typed reports to the County State’s Attorney.

(Ord. 2004-02, passed 6-29-2004)