(A) Any person convicted of violating a municipal code and/or ordinance may be fined an amount not to exceed $500 per occurrence. In that the town has decriminalized those traffic offenses as set forth in Chapter 70 of this code of ordinances, any person charged with violating the code or any ordinance therein shall not be entitled to a trial by jury, but shall be entitled to the following rights:
(1) To appear and defend in person and by counsel;
(2) To demand the nature and cause of the accusation;
(3) To meet the witnesses against him or her face to face;
(4) To have process to compel the attendance of witnesses in his or her behalf;
(5) A speedy public trial to the Municipal Judge; and
(6) No person shall be compelled to testify against himself or herself, nor shall any person be twice put in jeopardy for the same offense.
(B) (1) Sentencing or fines under Model Traffic Code and/or Chapter 70 of this code of ordinances. In sentencing or fining a violator who has been convicted of committing a traffic offense as defined by the Model Traffic Code as adopted by the town or Chapter 70 of this code of ordinances, the fine shall be the same as and shall not exceed such fine as imposed by the state, effective 10-1-2008, for similar traffic offenses or infractions committed on a state highway or road. A schedule of fines shall be posted in the vicinity of where the violator is to pay his or her fine setting forth the maximum fine for each offense. This provision does not impede the Municipal Court Judge’s discretion as to the suspension of fines for circumstances deemed relevant by the Judge. Further, any change or amendment of the state fines for traffic offenses, as such schedule exists on 10-1-2008, shall not result in a similar change in the fines imposed by the town’s Municipal Court without a corresponding resolution, code or ordinance approved by the Board.
(2) Sentencing or fines under other code violations. In sentencing or fining a violator who has been convicted of committing any offense not addressed in division (B)(1) above, the Municipal Judge shall not exceed the sentence or fine limitations established by code. The Municipal Judge may suspend the sentence or fine of any violator and place him or her on probation for a period not to exceed one year.
(C) The Municipal Judge is empowered in his or her discretion to assess costs against any defendant who pleads guilty or nolo contendere or who enters into a plea agreement or who, after trial, is found guilty of an ordinance violation. The Municipal Judge shall, in all such cases, assess costs of no less than $100.
(D) All fines and costs collected or received by the Municipal Court shall be reported and paid monthly to the Treasurer of the town and deposited in the General Fund of the town.
(Prior Code, § 141.7) (Ord. 375, passed 3-3-1994; Ord. 525, passed 10-2-2008; Ord. 577, passed 11-6-2014)