§ 134.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 130.99 of this code of ordinances.

   (B)   (1)   Any railroad company, carrier or railroad violating the provisions of § 134.01(A)(2)(a) of this chapter shall be fined in an amount set by Council from time to time; upon a second conviction occurring at the same crossing within one year thereafter, shall be fined in an amount set by Council from time to time; and upon a third or subsequent conviction occurring at the same crossing within one year after the first conviction, shall be fined in an amount set by Council from time to time.

      (2)   Any railroad company, carrier or railroad violating the provisions of § 134.01(A)(2)(b) of this chapter shall be fined in an amount set by Council from time to time; upon a second conviction occurring at the same crossing within one year thereafter, shall be fined in an amount set by Council from time to time; and, upon a third or subsequent conviction occurring at the same crossing within one year after the first conviction, shall be fined in an amount set by Council from time to time.

      (3)   Whoever violates § 134.01(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.

(Prior Code, § 541.99)

   (C)   (1)   Violation. No person shall sell, buy or possess any substance containing synthetic cannabis or synthetic drugs, or any substance(s) marketed as synthetic drugs, as per §§ 134.15 through 134.18 of this chapter.

      (2)   Penalty. A violation of §§ 134.15 through 134.18 of this chapter shall be deemed an infraction punishable by a fine in an amount set by Council from time to time. The civil fine is subject to all applicable court costs, assessments and surcharges. Each day of continuing violation of §§ 134.15 through 134.18 of this chapter shall be considered a separate and distinct infraction.

      (3)   Administrative fee. In addition, any person who violates any provision of §§ 134.15 through 134.18 of this chapter shall be ordered to pay an administrative fee to the law enforcement agency for testing of the substance(s) collected.

      (4)   Forfeiture. Any items which may be seized of forfeited pursuant to statutes or guidelines for the state may be forfeited in the same manner as described therein for a violation of §§ 134.15 through 134.18 of this chapter.

(Ord. passed 1-14-2013)

   (D)   Whoever violates § 134.32 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, § 545.99)

Statutory reference:

   Railroad fines, see W.Va. Code § 31-2A-6