A. Misdemeanor: Whenever in this code or in any ordinance, rule or regulation promulgated by any officer or agency of the town of Lyman under authority vested in him by law or ordinance, any act is prohibited or is declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, unless otherwise designated, the penalties shall be as follows:
1. Class A Misdemeanor: For offenses designated class A misdemeanors, the violation of any such provision of this code or any such ordinance, rule or regulation may be punished by a fine of not more than seven hundred fifty dollars ($750.00), or imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment, at the discretion of the court, to which shall be added costs.
2. Class B Misdemeanor: For offenses designated class B misdemeanors, the violation of any such provision of this code or any such ordinance, rule or regulation may be punished by a fine of not more than seven hundred fifty dollars ($750.00) to which shall be added costs. Defendants accused of a class B misdemeanor may not be entitled to court appointed counsel and shall be tried by the bench.
Any offense for which no specific penalty is designated shall be considered a class A misdemeanor. (Ord. 2012-11, 1-17-2013)
B. Additional Remedies: The imposition of any such fine shall not bar institution of appropriate legal actions or proceedings by the town to restrain, correct or abate the violation nor shall the institution of such legal actions or proceedings be deemed a bar to the imposition of such fine.
C. Continuing Violations: Except as otherwise provided, each day any violation of this code or any such ordinance, rule or regulation continues, shall constitute a separate offense. (1987 Code §1.16.010)
D. Court Costs: Upon conviction of a violation of this code or any ordinance, rule or regulation, the municipal judge shall assess court costs not exceeding thirty dollars ($30.00), which shall be paid by the person or persons convicted of such violation. (Ord. 2012-11, 1-17-2013)
E. Action For Recovery: All actions brought to recover any penalty or fine shall be brought in the corporate name of the town.
F. Collected Recoveries: The recoveries, when collected, shall be paid into the treasury of the town. (1987 Code §1.16.010)
Notes
| 1 | 1. See WS §§ 5-6-301, 6-10-103, 15-1-103(a)(xli). See WS § 6-10-105 for commitment for refusal to pay fine or costs; rate per day. |