(EDITOR'S NOTE: See also Section 501.99(a) for general Code penalty if no specific penalty is provided.)
(a) Any person who violates Section 521.05(a)(1) shall be sentenced by a judicial officer in accordance with the following options:
(l) Upon first offense, a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) or completion of an alcohol education program of not more than six hours' duration at the nearest community mental health-mental retardation center. If the individual prior to conviction, agrees to voluntarily attend the alcohol education program, the judicial officer may delay imposition of the fine until the program is completed and upon completion may dismiss the charges;
(2) Upon conviction of a second offense, a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) or completion of not less than five hours of alcoholism counseling at the nearest community mental health-mental retardation center;
(3) Upon third and subsequent convictions, a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00), or a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) 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 educational counseling programs described in this subsection 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.
(b) Any person charged with a violation of Section 521.05(a)(1) who is an alcoholic shall be found not guilty by reason of addiction and proper disposition made pursuant to West Virginia 27-5 and 6A.
(c) Any person who violates Section 521.05(a)(2), (3) or (4) hereof shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00).
(d) Any person who violates Section 521.05(a)(5) or (6) hereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(e) Any person who violates Section 521.05(a)(7) hereof shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) and persons under the age of eighteen years shall be liable for punishment for violation of the offense described in subsection (a) (7) hereof in the same manner as adults inasmuch as such section does not authorize the imposition of a sentence of confinement, the provisions of the West Virginia Code 49-5-1 notwithstanding. (Ord. 0-584. Passed 1-9-90.)