Sections:
1.16.010 General penalty designated.
1.16.015 Maximum penalty.
1.16.020 Mandatory fees collected upon conviction.
1.16.025 Disposition and use of fees collected.
1.16.030 Minimum penalty for repeated offenses.
1.16.040 Failure to pay penalty—Imprisonment.
1.16.050 Credit towards fine for each day imprisoned.
1.16.060 Inability to pay fines.
A. Whenever in this code or any other ordinance or resolution of the municipality or any rule or regulation promulgated under the provisions of this code, any act is prohibited or declared to be unlawful or an offense or misdemeanor or the doing of any act required or failure to do any act is declared to be unlawful or an offense or a misdemeanor and no specific penalty is provided therefor, any person who shall be convicted of the violation of any such provision of this code or other ordinance or resolution of the municipality enacted or of such rules and regulations shall be punished by a fine of not more than five hundred dollars or by imprisonment in jail not exceeding ninety days or by both such fine and imprisonment.
B. Every day any violation of this code or any other ordinance or resolution of the municipality or any other rule or regulation promulgated under the provisions of this code is permitted to continue shall constitute a separate offense. (Amended during 1992 codification: prior code § 5-2-12)
Unless a lesser maximum penalty or a specified penalty is established by ordinance for a particular offense, the maximum penalty for violation of any municipal ordinance shall be as follows:
A. Except for those violations of ordinances described in subsections B and C of this section, a fine of not more than five hundred dollars or imprisonment for not more than ninety days or both;
B. For violations of an ordinance prohibiting driving a motor vehicle while under the influence of intoxicating liquor or drugs, a fine of not more than nine hundred ninety-nine dollars or imprisonment for not more than one hundred seventy-nine days or both; and
C. For violations of an industrial user wastewater pretreatment ordinance as required by the United States Environmental Protection Agency, a fine of not more than nine hundred and ninety-nine dollars a day for each violation. (Ord. 386 § 1, 1994)
In addition to any fine or imprisonment described in Section 1.16.015 of this chapter, there is imposed upon any person convicted of violating any municipal ordinance the penalty for which carries a potential jail term or any ordinance relating to the operation of a motor vehicle the following mandatory fees:
A. A corrections fee of ten dollars;
B. A judicial education fee of three dollars; and
C. A court automation fee of three dollars.
As used in this section, "convicted" means the defendant has been found guilty of a criminal charge by the municipal judge, either after trial, a plea of guilty or a plea of nolo contendere, or has elected to pay a penalty assessment in lieu of trial. (Ord. 493, 2009; Ord. 386 § 2, 1994: Ord. 348, 1987: prior code § 5-2-13.1)
A. All corrections fees collected shall be deposited in a special corrections fund in the municipal treasury and shall be used only for municipal jailer training, for construction planning, construction, operation and maintenance of the municipal jail, for paying the costs of housing the municipality's prisoners in other detention facilities in the state, or for complying with match or contribution requirements relating to jails.
B. All judicial education fees collected shall be remitted monthly to the state treasurer for credit to the judicial education, fund and shall be used for the education and training, including production of benchbooks and other written material, of municipal judges and other municipal court personnel.
C. All court automation fees collected shall be remitted monthly to the state treasurer for credit to the municipal court automation fund and shall be used for the purchase and maintenance of court automation systems in the municipal courts.
The court automation systems shall have the capability of providing, on a timely basis, electronic records in a format specified by the judicial information system council. (Ord. 386 § 3, 1994)
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