533.99 PENALTY.

   (EDITOR'S NOTE: See Section 501.99 for general Code penalty if no specific penalty is provided.)

   (a)   Whoever violates Section 533.05(b) or 533.10 shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than thirty days, or both.

   (b)   Any person convicted of a violation of Section 533.09 shall be subject to the following penalties:

      (1)   Upon a first conviction, the defendant shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00).

      (2)   Upon a second conviction, the defendant shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).

      (3)   Upon any subsequent conviction in excess of a second conviction, the defendant shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both.

      Notwithstanding the provisions of West Virginia Code 61-11A-4 or West Virginia Code 50-3-2a, the magistrate or court may order restitution not to exceed the value of unauthorized solid waste services received. (WVaC 61-5-33)