(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 130.99.
(B) A violation of § 133.01 shall be punishable by a fine set by Council from time to time or confinement in the county jail for a term not to exceed 30 days or both fine and imprisonment.
(Prior Code, § 9-105)
(C) A violation of § 133.02 shall be punishable by a fine set by Council from time to time or confinement in the county jail for a term not to exceed 30 days or both fine and imprisonment.
(Prior Code, § 9-106)
(D) A violation of § 133.03 shall by punishable by a fine set by Council from time to time or imprisonment in the county jail for a term not to exceed 30 days or both such fine and imprisonment.
(Prior Code, § 9-107)
(E) A violation of § 132.04 shall be punishable by a fine set by Council from time to time or confinement in the county jail for a term not to exceed 30 days or both fine and imprisonment.
(Prior Code, § 9-108)
(F) A violation of § 133.05 shall be punished by a fine set by Council from time to time.
(Prior Code, § 9-109)
(G) A violation of § 133.06 shall be punishable by a fine set by Council from time to time.
(Prior Code, § 9-110)
(H) A violation of § 133.07 shall be punishable by a fine set by Council from time to time or by confinement in the county jail for a term not to exceed 30 days or both such fine and imprisonment.
(Prior Code, § 9-114)
(I) A violation of § 133.08 shall be punishable by a fine set by Council from time to time.
(Prior Code, § 9-115)
(J) (1) Any person who violates § 133.09(B)(1) shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced by a judicial officer in accordance with the following options:
(a) Upon first offense, a fine set by Council from time to time and not more than 30 days in jail or completion of an alcohol education program of not more than six hours’ duration at the nearest community mental health retardation center. If the individual, prior to conviction, agrees to voluntarily attend the alcohol education program, the judicial officer may delay sentencing until the program is completed and upon completion may dismiss the charges;
(b) Upon conviction for a second offense a fine set by Council from time to time and not more than 30 days in jail or completion of not less than five hours of alcoholism counseling at the nearest community mental health/mental retardation center; and
(c) Upon third and subsequent convictions, a fine set by Council from time to time and not less than five nor more than 30 days in jail or a fine set by Council from time to time and completion of not less than five hours of alcoholism counseling at the nearest community mental health/mental retardation center; provided, that three convictions for public intoxication within the preceding six months shall be considered evidence of alcoholism; provided, however, that for the education counseling programs described in this division (J)(1)(c) the community mental health/mental retardation center may charge each participant its usual and customary fee and shall certify in writing to the referring judicial officer the completion or failure to complete the prescribed program for each individual.
(2) A person charged with a violation of § 133.09(B)(1)(a) who is an alcoholic shall be found not guilty by reason of addiction and proper disposition made pursuant to W. Va. Code §§ 27-5-1 et seq. and 27-6A-1 et seq.
(3) Any person who violates § 133.09(B)(1)(b), (B)(1)(c) or (B)(1)(d) shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined an amount set by Council from time to time, or confined in jail not more than 30 days, or both such fine and imprisonment. Any person who violates § 133.09(B)(1)(e) or (B)(1)(f) shall be guilty of a misdemeanor, and, upon conviction, shall be fined an amount set by Council from time to time, or confined in jail not more than 30 days, or both such fine and imprisonment.
(4) Any person who violates § 133.09(B)(1)(g) is guilty of a misdemeanor, and, upon conviction thereof, shall be fined as set by Council from time to time.
(Ord. passed 8-1-1983; Ord. passed 9-16-1983)