(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 70.99 of this code of ordinances.
(B) Whoever violates § 75.002 of this chapter shall for a first offense be fined not less than an amount set by Council from time to time, or imprisoned not less than five, nor more than 30, days; for a second or subsequent offense shall be fined in an amount set by Council from time to time, or imprisoned not less than ten, nor more than 30, days, or both.
(Prior Code, § 333.99)
(C) (1) General. Whoever violates any provision of § 75.003 of this chapter for which no other penalty is provided shall be fined in an amount set by Council from time to time; upon a second conviction within one year thereafter shall be fined in an amount set by Council from time to time; and upon a third or subsequent conviction, shall be fined in an amount set by Council from time to time.
(2) Speeding.
(a) Unless otherwise provided in this division (C)(2), any person who violates the provisions of § 75.003(A) of this chapter shall be fined in an amount set by Council from time to time; upon a second conviction within one year thereafter, shall be fined in an amount set by Council from time to time; and, upon a third or subsequent conviction within two years thereafter, shall be fined in an amount set by Council from time to time; provided that, if such third or subsequent conviction is based upon a violation of the provisions of § 75.003(A) of this chapter where the offender exceeded the speed limit by 15 mph or more, then the person shall be fined in an amount set by Council from time to time or imprisoned not more than 30 days, or both.
(b) Any person who violates the provisions of § 75.003(A)(2)(a) of this chapter shall be fined in an amount set by Council from time to time; provided that, if such conviction is based upon a violation of the provisions of § 75.003(A)(2)(a) of this chapter where the offender exceeded the speed limit by 15 mph or more in the presence of one or more children, then the person shall be fined in an amount set by Council from time to time, or imprisoned not more than 30 days, or both.
(3) Street racing. Whoever violates § 75.003(D) of this chapter shall be fined in an amount set by Council from time to time; for a second offense fined in an amount set by Council from time to time, or by imprisonment for not less than six days, nor more than 30 days, or both; and for a third and each subsequent offense fined in an amount set by Council from time to time, or by imprisonment for not more than 30 days or both. For the purposes of this subchapter, a forfeiture of bail or collateral deposited to secure such person’s appearance in court, which forfeiture has not been vacated, shall be equivalent to a final conviction. If at the time of any violation of the provisions of § 75.003(D) of this chapter by any person as an operator of a motor vehicle, such person was not entitled to operate a motor vehicle in the state because his or her operator’s or chauffeur’s license, or privilege to drive in the state if such person be a non-resident, had earlier been suspended or removed, then in addition to the penalties provided for in this subchapter, the provisions of § 74.10 of this chapter shall be applicable.
(Prior Code, § 335.99)
(D) Whoever violates any provision of § 75.004 of this chapter shall be fined in an amount set by Council from time to time; upon a second conviction within one year thereafter shall be fined in an amount set by Council from time to time; and upon a third or subsequent conviction, shall be fined in an amount set by Council from time to time.
(Prior Code, § 339.99)
(E) Whoever violates any provision of § 75.005 of this chapter shall be fined in an amount set by Council from time to time; upon a second conviction within one year thereafter shall be fined in an amount set by Council from time to time; and, upon a third or subsequent conviction, shall be fined in an amount set by Council from time to time.
(Prior Code, § 341.99)
(F) (1) General. Whoever violates any provision of §§ 75.006 through 75.027 of this chapter for which no other penalty is provided shall be fined in an amount set by Council from time to time; upon a second conviction within one year thereafter shall be fined in an amount set by Council from time to time; and, upon a third or subsequent conviction, shall be fined in an amount set by Council from time to time.
(2) Approaching authorized emergency vehicles.
(a) Any person who violates § 75.012 of this chapter shall be fined in an amount set by Council from time to time or imprisoned not more than 30 days, or both fined and imprisoned.
(b) If violation of § 75.012 of this chapter results in property damage in addition to any other penalty imposed, driving privileges of the persons causing the property damage shall be suspended for 90 days.
(c) If violation of § 75.012 of this chapter results in injury to another person in addition to any other penalty imposed, the driving privileges of the person causing the injury shall be suspended for six months.
(d) If violation of § 75.012 of this chapter results in the death of another person in addition to any other penalty imposed, the driving privileges of the person causing the death shall be suspended for two years.
(e) Any person who violates § 75.012 of this chapter and, while doing so, also violates other provisions shall be prosecuted under appropriate state law.
(3) Taking, injuring or tampering with vehicle. Whoever violates § 75.019 of this chapter shall, for a first offense, be fined in an amount set by Council from time to time or imprisoned not more than 30 days, or both.
(4) Vehicle security. Whoever violates § 75.026 of this chapter shall be fined in an amount set by Council from time to time or imprisoned not more than 30 days, or both.
(Prior Code, § 349.99)
(G) Any person who violates the provisions of § 75.028(A) of this chapter is guilty of a traffic offense and, upon conviction thereof, shall for a first offense be fined in an amount set by Council from time to time; for a second offense be fined in an amount set by Council from time to time; and for a third or subsequent offense be fined in an amount set by Council from time to time. No court costs or other fees shall be assessed for a violation of § 75.028(A) of this chapter.
(H) Whoever violates any provision of §§ 75.040 through 75.051 of this chapter shall be fined in an amount set by Council from time to time; upon a second conviction within one year thereafter shall be fined in an amount set by Council from time to time; and, upon a third or subsequent conviction, shall be fined in an amount set by Council from time to time.
(Prior Code, § 337.99)
(I) (1) Driving onto roadway from place other than roadway. Whoever violates § 75.070 of this chapter shall be fined in an amount set by Council from time to time; upon a second conviction within one year thereafter, shall be fined in an amount set by Council from time to time; and, upon a third or subsequent conviction, shall be fined in an amount set by Council from time to time.
(2) Stopping for school bus or passenger van. Any driver acting in violation of §§ 75.071(A) or 75.072(B) of this chapter shall be fined in an amount set by Council from time to time, or imprisoned not more than 30 days, or both. If the identity of the driver cannot be ascertained, then any such owner or lessee of the vehicle in violation of §§ 75.071(A) or 75.072(B) of this chapter shall be fined in an amount set by Council from time to time; provided, however, that, such conviction shall not subject such owner or lessee to further administrative or other penalties for such offense, notwithstanding other provisions of this traffic code to the contrary.
(Prior Code, § 343.99) (Ord. passed 8-11-2014)
Statutory reference:
Related penalty provisions, see W.Va. Code §§ 17A-11-1, 17C-6-1, 17C-6-8, 17C-9-6, 17C-14-9a, 17D-2A-9