(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code.
(B) Any person violating the provisions of § 71.001 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(C) Any person failing to comply with the requirements of § 71.002 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(D) Any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in § 71.003 of this chapter by less than 15 mph is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $200.
(E) (1) Unless otherwise provided in § 71.016 of this chapter, any person who violates the provisions of § 71.016 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction within two years thereafter, shall be fined not more than $500; provided, that if the third or subsequent conviction is based upon a violation of the provisions of § 71.016 where the offender exceeded the speed limit by 15 mph or more, then, upon conviction, shall be fined not more than $500, or confined in jail for not more than six months, or both fined and confined.
(2) Any person who violates the provisions of § 71.016(A)(1) of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500; provided, that if the conviction is based upon a violation of the provisions of § 71.016(A)(1) where the offender exceeded the speed limit by 15 mph or more in the presence of one or more children, then upon conviction, shall be fined not less than $100 nor more than $500, or confined in jail for not more than six months, or both fined and confined; provided, however, that if the signage required by § 71.016(A)(1) is not present in the school zone at the time of the violation, then any person who violates said provision is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25.
(3) Any person operating a commercial motor vehicle engaged in the transportation of coal on the coal resource transportation road system who violates § 71.016 shall, upon conviction, be subject to fines in triple the amount otherwise provided in division (E)(1) above.
(F) Any person violating the provisions of § 71.017 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(G) Any person who violates the provisions of § 71.018 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $300. If the person convicted of violating § 71.018 exceeded the speed limit by 15 mph or more or caused serious injury or death to a service vehicle worker, then the person shall be fined not less than $300 nor more than $1,000, or confined in jail for not more than one year, or both confined and fined.
(H) Any person who violates the provisions of § 71.020 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction within two years thereafter, shall be fined not more than $500.
(I) Any person violating the provisions of § 71.035 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(J) Any person violating the provisions of §§ 71.036 through 71.040 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $200; upon a second conviction within one year thereafter, shall be fined not more than $300; and, upon a third or subsequent conviction, shall be fined not more than $1,000.
(K) Any person violating the provisions of § 71.055 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(L) Any person violating the provisions of § 71.056 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(M) Any person violating the provisions of § 71.057 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(N) Any person violating the provisions of § 71.058 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(O) Any person violating the provisions of § 71.059 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(P) Any person violating the provisions of § 71.060 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(Q) Any person violating the provisions of § 71.061 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(R) Any person violating the provisions of § 71.062 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $200.
(S) Any person violating the provisions of § 71.063 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(T) Any person violating the provisions of § 71.076 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(U) Any person violating the provisions of § 71.077 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(V) Any person violating the provisions of § 71.078 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(W) Any person violating the provisions of § 71.079 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(X) Any person violating the provisions of § 71.080 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction, shall be fined not more than $500.
(Ord. 8, passed 8-18-2020)
Statutory reference:
Related provisions, see W. Va. Code §§ 17C-3-4, 17C-3-4a, 17C-3-4b, 17C-6-1, 17C-6-3a, 17C-6-5, 17C-6-11, 17C-7-1, 17C-7-2, 17C-7-3, 17C-7-5, 17C-7-6, 17C-7-7, 17C-7-9, 17C-7- 11, 17C-7-12, 17C-8-2, 17C-8-3, 17C-8-4, 17C-8-6, 17C-8-8, 17C-9-6 and 17C-12-6