(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) Whoever violates §§ 111.19(A), 111.21(B) or 111.23(B)(2) or (C)(2) of this chapter shall be fined in an amount set by Council from time to time, or imprisoned for not more than 72 hours, or both, or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for not more than one year.
(3) Whoever violates § 111.20(A) of this chapter shall be sentenced in accordance with the following options:
(a) Upon first offense, a fine in an amount set by Council from time to time. If the individual, prior to conviction, agrees to voluntarily attend the alcohol education program, the judge may delay sentencing until the program is completed and upon completion may dismiss the charges;
(b) Upon conviction for a second offense, a fine in an amount 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 in an amount set by Council from time to time and not less than five, nor more than 30, days in jail or a fine in an amount 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 educational counseling programs described in this division (B)(3), 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. A person charged with a violation of § 111.20(A) of this chapter who is an alcoholic shall be found not guilty by reason of addiction and proper disposition made pursuant to W.Va. Code Art. 27-5 and 27-6A.
(4) Whoever violates § 111.20(B) of this chapter shall be fined in an amount set by Council from time to time; upon a second or subsequent violation shall be fined not in an amount set by Council from time to time or imprisoned not more than 30 days or both.
(5) Whoever violates § 111.20(C) of this chapter shall be fined in an amount set by Council from time to time, or confined in jail not more than 30 days, or both.
(6) Whoever violates § 111.20(D) or (E) of this chapter is guilty of a misdemeanor for a first offense and shall be fined in an amount set by Council from time to time.
(8) Whoever violates § 111.22(A) 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.
(9) Whoever violates § 111.22(B)(1) or (B)(2) 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, and, in addition, may, for the first offense, be placed on probation for a period not to exceed one year.
(10) Whoever violates § 111.22(B)(3) of this chapter shall be fined in an amount set by Council from time to time or imprisoned not more than ten days, or both.
(11) Any person in violation of § 111.24(B) of this chapter relating to less than 15 grams of any controlled substance including marijuana and/or paraphernalia typically associated with the consumption of a controlled substance including marijuana will be fined in an amount set by Council from time to time, plus all approved court costs.
(Prior Code, § 521.99) (Ord. passed 1-13-2000)
Statutory reference:
Related provisions, see W.Va. Code §§ 11-16-19, 60-3-22a, 60-3A-24 60-6-9, 60-7-12, 60-7-12a, 60-8-20a