(A) Misdemeanor Violation: Failure to comply with any of the requirements of this chapter is a misdemeanor punishable by imprisonment in the city or county jail for a period not exceeding six (6) months or by fine not exceeding one thousand dollars ($1,000.00), or by both, provided that where the city attorney determines that such action would be in the interest of justice, he or she may specify in the accusatory pleading that the offense shall be an infraction.
(B) Infraction Violation: Where the city attorney determines that, in the interest of justice, a violation of this chapter is an infraction, such infraction is punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year, and a fine not exceeding five hundred dollars ($500.00) for each additional infraction violation of the same provision within one year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her, unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance or a deposit of bail. However, any person who has previously been convicted two (2) or more times during any twelve (12) month period for any violation of this chapter for a crime made punishable as an infraction may be charged with a misdemeanor upon the third violation.
(C) Modification: The fine amounts set forth above may be modified, from time to time, by city council resolution. In no event shall such fine amounts exceed the amounts authorized by state law.
(D) Separate Violations: Any person violating section 8-11-2 of this chapter shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues. Any person violating section 8-11-3 of this chapter shall be guilty of a separate offense for each item of drug paraphernalia which is distributed. (Ord. 811-15, 5-19-2015)