521.99 PENALTY.
   (a)   Whoever violates Section 521.05(a), 521.12(b) or 521.13(b) shall be fined not more than fifty dollars ($50.00), or imprisoned for not more than seventy-two 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.
   (b)   Whoever violates Section 521.05(b), 521.12(c) or 521.13(d) shall be fined not more than one hundred dollars ($100.00), or imprisoned for not more than ten days, or both.
(W. Va. Code 11-16-19, 60-3-22a, 60-8-20a, 60-3A-24)
   (c)   Whoever violates Section 521.06(a)(1) shall be sentenced in accordance with the following options:
      (1)   Upon first offense, a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00). If the individual, prior to conviction, agrees to voluntarily attend an alcohol education program of not more than six hours duration at the nearest community mental health-mental retardation center, the judicial officer may delay sentencing until the program is completed and upon completion may dismiss the charges.
      (2)   Second and subsequent offenses may be prosecuted under appropriate state law.
      (3)   A person charged with a violation of Section 521.06(a)(1) who is an alcoholic shall be found not guilty by reason of addiction and proper disposition made pursuant to West Virginia Code Articles 27-5 and 27-6A.
   (d)   Whoever violates Section 521.06(a)(2) shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00).
   (e)   Whoever violates Section 521.06(a)(3) shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) or imprisoned not more than thirty days, or both. (Ord. 2242. Passed 4-20-17.)
   (f)   Whoever violates subsection 521.06(a)(5) or 521.06(a)(6) hereof is guilty of a misdemeanor and, upon conviction, shall be sentenced in according with the following options:
      (1)    Upon first offense a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00). If the individual, prior to conviction, agrees to voluntarily attend an alcohol education program of not more than six hours duration at the nearest community mental health-mental retardation center, the judicial officer may delay sentencing until the program is completed and upon completion may dismiss the charges.
      (2)   Upon conviction for a second or subsequent offense, the person may be prosecuted pursuant to state law.
      (3)   A person charged with a violation of Section 521.06(a)(1) who is an alcoholic shall be found not guilty by reason of addiction and proper disposition made pursuant to the West Virginia Code Article 27-5 and 27-6A. (Ord. 2292. Passed 2-20-20.)
   (g)   (1)   Whoever violates Section 521.08(a) shall be fined an amount not to exceed five hundred dollars ($500.00) or shall be confined in jail, or, in the case of a juvenile, a detention facility, for a period not to exceed seventy-two hours, or both fined and confined or, in lieu of such fine and confinement, may, for the first offense, be placed on probation for a period not to exceed one year.
      (2)   Whoever violates Section 521.08(b) shall be fined an amount not to exceed one hundred dollars ($100.00) or shall be confined in jail, or in the case of a juvenile, a juvenile detention facility, for a period not to exceed seventy-two hours, or both such fine and confinement or, in lieu of such fine and confinement, may, for the first offense, be placed on probation for a period not exceeding one year.
      (3)   Whoever violates Section 521.08(c) shall be fined an amount not to exceed one hundred dollars ($100.00) or shall be confined in jail for a period not to exceed ten days, or both such fine and confinement.
   (h)   Whoever violates Section 521.09 shall be fined not less than five hundred dollars ($500.00) or more than one thousand dollars ($1,000), or imprisoned not more than thirty days, or both.
(W. Va. Code 60-7-12)
   (i)   Whoever violates Section 521.10(a) or (b) shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both, and in addition may, for the first offense be placed on probation for a period not to exceed one year.
   (j)   Whoever violates Section 521.10(c) shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ten days, or both.
(W. Va. Code 60-7-12a)
   (k)   Whoever violates 521.12(a) or 521.13(a) shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than seventy-two hours, or both, or in lieu thereof, may, for the first offense, be placed on probation for a period not to exceed one year.
(W. Va. Code 11-16-19, 60-8-20a, 60-3A-24)
   (l)   Whoever violates Section 521.13(c) shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than ten days, or both.
(W. Va. Code 60-3A-24)
   (m)    Section 501.99 sets forth the penalty for any violation for which no specific penalty is provided herein.
(Ord. 2242. Passed 4-20-17.)