§ 92.99 PENALTY.

   (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 of ordinances.

   (B)   (1)   Any person violating any of the provisions of §§ 92.01 to 92.09 shall be punished in accordance with division (G) below if no specific penalty is provided. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

      (2)   As an additional remedy, the operation or maintenance of a device, instrument, vehicle or machinery in violation of any provision of §§ 92.01 to 92.09, which operation or maintenance causes discomfort, or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed, and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

(Prior Code, § 508.99)

   (C)   (1)   Whoever violates § 92.20 shall be fined an amount not to exceed state law.

(W. Va. Code 61-6-1b)

      (2)   Whoever violates § 92.21 shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both, for a first offense. For a second or subsequent offense, such person shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both.

(W. Va. Code 61-6-14a)

(Prior Code, § 509.99)

   (D)   Any person who violates the provisions of § 92.25 is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both fined and imprisoned.

   (E)   (1)   Whoever violates any provision of §§ 92.40 to 92.42 for which no other penalty is provided shall be fined an amount not to exceed state law.

      (2)   Whoever violates § 92.41 shall be fined an amount not to exceed state law. Subsequent violations shall be punishable by a mandatory fine of an amount not to exceed state law.

(Prior Code, § 507.99)

   (F)   (1)   Whoever violates any provision of §§ 92.55 to 92.63 for which no other penalty is provided shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both. Each day such violation continues shall constitute a separate offense.

      (2)   Whoever violates § 92.55 shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both.

(W. Va. Code 61-5-14)

      (3)   Whoever violates § 92.56(B) shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both.

      (4)   Whoever violates § 92.56(D) shall be fined an amount not to exceed state law and shall be imprisoned for a term not to exceed state law.

(W. Va. Code 61-5-17)

      (5)   Whoever violates § 92.58 shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both.

(W. Va. Code 61-6-17)

      (6)   Whoever violates § 92.59(A) shall be fined an amount not to exceed state law.

(W. Va. Code 61-1-9)

(Prior Code, § 501.99)

   (G)   Notwithstanding any provision of § 92.55 to 92.63 to the contrary, any person violating the provisions of § 92.58 for a second offense or whose violation of § 92.58 results in another suffering serious bodily injury shall be guilty of a felony and prosecuted under appropriate state law.

(W. Va. Code 61-6-17) (Prior Code, § 501.04)

(Ord. 86-4, passed 4-1-1986; Ord. 86-8, passed 4-1-1986; Ord. 01-13, passed 9-25-2001; Ord. passed 4-21-2015)