(a) A person convicted for the first time of an offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and up to three (3) years probation, and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted for a second offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than one (1) year nor more than three (3) years. A person convicted of a third offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than twenty- five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. A person convicted of a fourth offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. No judge may suspend the minimum fine or probationary period prescribed herein, upon a person convicted of any offense prohibited by minor section 11-28(1)(a). Placing a person on probation shall not be construed to affect, in any way, the imposition of the minimum fines provided herein.
(b) A person convicted for the first time of an offense prohibited by minor section 11-28(1)(b) shall be punished by either imprisonment for not less than twenty-four (24) hours or one hundred (100) hours of community service and may impose up to six (6) months' imprisonment and shall be fined not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00) and may be placed on probation for a maximum of three (3) years. A person convicted for a second offense prohibited by minor section 11-28(1)(b) shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and fined not less than two hundred fifty dollars ($250.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than one (1) year nor more than three (3) years. A person convicted of a third or subsequent offense prohibited by minor section 11-28(1)(b) shall be punished by imprisonment for not less than twenty (20) days nor more than six (6) months, and fined not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. No judge may grant probation to, or suspend the imposition of the minimum jail sentence, fine or probation prescribed herein, upon a person convicted of any offense prohibited by minor section 11-28(1)(b). Placing a person on probation shall not be construed to affect, in any way, the imposition of the minimum imprisonment and minimum fines provided herein.
(c) A person convicted for the first time of any offense prohibited by minor sections 11-28(1)(c) through 11-28(8); shall be punished by imprisonment for not less than fifteen (15) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a second offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months and a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a third offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than sixty (60) days nor more than six (6) months, and by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a fourth or subsequent offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than one hundred and eighty (180) days and by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). No judge may grant probation to, or suspend the imposition of the minimum jail sentence and fine prescribed herein, upon a person convicted of any offense prohibited in minor sections 11-28(1)(c) through 11-28(8). In addition, a person convicted of any offense prohibited in minor sections 11-28(1)(c) through 11-28(8) may be placed on probation for a maximum of three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein.
(Ord. No. 4812, § 1, 5-15-78; Ord. No. 5267, § 1, 12-8-80; Ord. No. 5820, § 1, 7-5-83; Ord. No. 5866, § 1, 9-12-83; Ord. No. 6478, § 1, 8-4-86; Ord. No. 7284, § 1, 9-18-89; Ord. No. 7717, § 2, 11-25-91; Ord. No. 9192, § 2, 1-11-99)