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.)
(EDITOR'S NOTE: See Section 501.99 for general Code penalty if no specific penalty is provided.)
(a) Whoever violates Section 533.05(b) shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than thirty days, or both.
(b) Any person convicted of a violation of Section 533.10 shall be subject to the following penalties:
(1) Upon a first conviction, the defendant shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00).
(2) Upon a second conviction, the defendant shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
(3) Upon any subsequent conviction in excess of a second conviction, the defendant shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both.
Notwithstanding the provisions of West Virginia Code 61-11A-4 or West Virginia Code 50-3-2a, the magistrate or court may order restitution not to exceed the value of unauthorized solid waste services received. (WVaC 61-5-33)