§ 72.99 PENALTY.
   (A)   Unless otherwise provided for in this chapter, any person violating any provision of this chapter 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.
   (B)   Whoever violates § 72.02 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 driver in violation of § 72.04 is guilty of a misdemeanor and, upon conviction for a first offense, shall be fined not less than $500, nor more than $1,000; or other amount deemed appropriate by the Municipal Court or confined in jail not more than six months, or both fined and confined. Upon conviction of a second violation of § 72.04, the driver shall be fined not less than $1,000, nor more than $1,500; or other amount deemed appropriate by the Municipal Court; or confined in jail not more than six months; or both fine and imprisonment. Upon conviction of a third or subsequent violation of § 72.04, the driver shall be fined $2,000, or other amount deemed appropriate by the Municipal Court, and confined not less than 48 hours in jail, but not more than six months.
      (2)   Any driver acting in violation of § 72.04(B) shall be guilty of a misdemeanor, and, upon conviction thereof, fined not less than $50, nor more than $200, or other amount deemed appropriate by the Municipal Court. If the identity of the driver cannot be ascertained, then any such owner or lessee of the vehicle in violation of § 72.04(B) shall be fined not less than $25, nor more than $100, or other amount deemed appropriate by the Municipal Court; provided, however, that such conviction shall not subject such owner or lessee to further administrative or other penalties for such offense, notwithstanding other provisions of this title to the contrary.
   (D)   If any portion of §§ 72.20 to 72.26 does not provide a penalty for violating said portion, then the following penalty structure shall be utilized.
      (1)   A person convicted of violating, or otherwise admitting to violating, relevant portions of §§ 72.20 to 72.26 shall be guilty of a misdemeanor and subject to the following penalties:
         (a)   First offense: A fine of no more than $100;
         (b)   Second offense: A fine of no more than $200;
         (c)   Third offense: A fine of no more than $500; or
         (d)   Other amounts deemed appropriate by the Municipal Court.
      (2)   An offender shall pay any fines, costs, forfeitures, or penalties to the city in a manner agreed upon by both parties, but typically the offender shall pay the fine at the city’s Municipal Building through the following methods:
         (a)   Electronic payments;
         (b)   Credit card payments;
         (c)   Debit card payments;
         (d)   Cash;
         (e)   Money order;
         (f)   Certified check; or
         (g)   Through any other method the City Council may deem appropriate.
   (3)   (a)   The offender shall be responsible for paying any service charges, or the like, that credit card companies (or other entities related to the payment of an offender’s fine, costs, forfeitures, or penalties) impose on the use of their services.
      (b)   Under all circumstances, the offender shall submit payment of the fine, costs, forfeitures, or penalties to the appropriate personnel at the city whether submission be in person or via electronic payments.
   (E)   (1)   Any person accused of a violation of §§ 72.40 through 72.52 may settle and compromise a claim against him or her for such illegal parking by paying to the city the sum of $5 for the first violation; $10 for the second violation, if incurred within 24 hours of the first violation; and $15 for subsequent violations within 24 hours of the first violation; or other amounts deemed appropriate by the Municipal Court.
      (2)   Failure to settle and compromise the claim, as provided in this division (E) above, within 24 hours by any person accused of a violation of §§ 72.40 through 72.52 shall, upon conviction thereof, be fined not less than $5, nor more than $100, or other amount deemed appropriate by the Municipal Court, together with the cost of prosecution. In the event an accused fails to settle and/or compromise the claim, the city may institute appropriate legal proceedings against the accused.
      (3)   The penalties in this division (E) shall not apply to persons parking a vehicle so as to obstruct the entrance or exit of any place where Police Department or Fire Department apparatus or other emergency equipment is kept or housed, or so as to block an emergency entrance to a hospital; nor shall this division (E) apply to any person parking a vehicle so as to entirely obstruct traffic on any street or alley, or parking in such a way as to reduce traffic on an arterial street to one way traffic only; or to any person who refuses to remove a vehicle illegally parked at the request of any member of the Police Department.
(Ord. passed 5-11-2021)