(A) Whoever violates any provision of this chapter for which no other penalty is provided, including §§ 70.020 through 70.022, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500; or other such amounts deemed appropriate by the Municipal Court.
(B) Any person violating the provisions of § 70.020 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500, or other amounts deemed appropriate by the Municipal Court.
(C) (1) Any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in § 70.027 by less than 15 mph shall be fined not more than $200, or other amount deemed appropriate by the Municipal Court.
(2) Any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in § 70.027 by 15 mph or more shall be fined not more than $300, or other amount deemed appropriate by the Municipal Court.
(D) Every person convicted of reckless driving, as described in § 70.051, may be punished by a fine of not less than $25, nor more than $500; and on a second or subsequent conviction may be punished by a fine of not less than $50, nor more than $1,000; or other amounts deemed appropriate by the Municipal Court. Every person convicted of reckless driving may be subject to confinement or jail penalties consistent with said penalties found in W. Va. Code 17-5-3.
(E) Any person who violates the provisions of § 70.053(a) is guilty of a traffic offense and, upon conviction thereof, shall for a first offense be fined $100; for a second offense be fined $200; and for a third or subsequent offense be fined $300; or other amounts deemed appropriate by the Municipal Court. No court costs or other fees shall be assessed for a violation of § 70.053(a).
(F) Any person violating the provisions of this section is guilty of a violation of § 70.082 and, upon conviction thereof, shall be fined not more than $500, or other amount deemed appropriate by the Municipal Court; provided, that no person charged with violating § 70.082 shall be convicted if such person produces in court or at the office of the arresting office a driver’s license issues to such person and valid at the time of such person’s violation.
(G) Any person who drives a motor vehicle on any public street or highway of or in the city at a time when his or her privilege to do so has been lawfully suspended or revoked by the state or any other jurisdiction, as described in § 70.084, is, for the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100, nor more than $500; for the second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100, nor more than $500; for the third or any subsequent offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for a period of not less than 30 days nor more than 90 days and shall be fined not less than $150, nor more than $500; or other amounts deemed appropriate by the Municipal Court.
(H) Unless another penalty is by the laws of this state provided, every person convicted of a misdemeanor for operating a vehicle without having displayed thereon a current and valid certificate of inspection and approval or for failure to produce such certificate upon demand of an authorized person, as described in § 70.086, shall be punished by a fine of not more than $100, or other amount deemed appropriate by the Municipal Court; provided, any person who obtains an inspection and a current and valid certificate of inspection and who, within five days of the issuance of a citation for a violation of the provisions of § 70.086, provides a receipt of inspection to and makes the vehicle so operated available for examination by a court of competent jurisdiction, shall not be guilty of a violation of the provisions of § 70.086; provided, however, that the misdemeanor penalty shall be imposed if the certificate of inspection has not been valid for a period exceeding three months prior to the date of the issuance of a citation.
(Ord. passed 5-11-2021)