(A) Every person violates a section, division, subchapter, or provision of this chapter when he or she performs an act thereby prohibited, or declared unlawful, or fails to act when the failure is thereby prohibited, or declared unlawful, and upon conviction thereof, shall be punished as follows:
(1) Where the specific section, division, subchapter, or provision specifically makes a violation a misdemeanor, he or she shall be punished as for a misdemeanor; where a violation is committed in a manner, or under circumstances, so as to endanger, or be likely to endanger, any person or property, he or she shall be punished as for a misdemeanor; where he or she stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing, or parking, of an unattended vehicle, within the immediate preceding 12-month period for the third, or subsequent, time, he or she shall be punished as for a misdemeanor;
(2) As to any violations not constituting a misdemeanor under the provisions of division (A)(1) above, he or she shall be punished as for a petty misdemeanor; and
(3) As to any violation of a provision adopted by reference, he or she shall be punished as specified in the provision, so adopted.
(Prior Code, § 8.99)
(B) A person who violates § 70.05 shall be sentenced as follows:
(1) For first time offenders: Any person who violates § 70.05, and has not violated this chapter, or another city code provision in conformity with it, within five years prior to the violation is guilty of a petty misdemeanor, and punishable by a fine of not more than $200, except as set forth in division (B)(2) below; and
(2) For misdemeanor offenses:
(a) Any person who violates § 70.05 within five years of previously violating this chapter, or another city code provision in conformity with it, is guilty of a misdemeanor; and/or
(b) Any person who violates § 70.05, and the violation is committed in a manner, or under circumstances, so as to endanger, or be likely to endanger, any person or property, is guilty of a misdemeanor.
(Prior Code, § 8.12) (Ord. 162, second series, passed 8-17-1999)