(A) Whenever, in the codified ordinances or in any ordinance of the municipality, any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be fined not less than $100 and not more than $500 or imprisoned not more than 30 days, or both; provided, however, such penalty shall not exceed the maximum penalty provided by state law for the commission of a misdemeanor which is the same or similar to the act proscribed by the city. The municipality has a right to access fines not less than $100 per offense and add $10 a day assessment not to exceed the maximum penalty of $500 per citation. If an excessive penalty should be imposed, then such excessive penalty shall automatically be reduced to the maximum penalty which could legally be imposed and the judgment shall be construed as originally being only in such reduced amount.
(B) All ordinances related to driving under the influence of alcohol or intoxicating liquor shall be subject to the same penalties as the penalties prescribed by the State of West Virginia for the same offenses.
('71 Code, § 101.99) (Ord. 902, passed 6-12-89; Am. Ord. 2026, passed 12-11-17)
Statutory reference:
Authority to impose penalties, see W. V. Code §§ 8-11-1 and 8-12-2(11)
Maximum penalty permitted, see W. V. Code § 8-11-1