Notwithstanding anything herein to the contrary, for any violation of this article, where there exists a State Code section which has the same elements as the City Code section for which a penalty is imposed, the penalty imposed by the City may be up to that penalty imposed by the State. (Ord. 310. Passed 7-16-07.)
(a) Whoever violates any provision of this article, for which no other penalty is provided, shall be fined not more than one hundred dollars ($100.00); upon a second conviction within one year thereafter shall be fined not more than two hundred dollars ($200.00); and upon a third or subsequent conviction, shall be fined not more than five hundred dollars ($500.00).
(WVaC 17C-10-7)
(b) An operator who violates a provision of Section 371.09 shall receive a warning for the first offense. For a second or subsequent offense, the operator shall be punished by a fine of not less than ten dollars ($10.00) and not greater than one hundred dollars ($100.00).
(WVaC 17C-10A-2)