933.99 PENALTY.
   (a)   Whoever violates any of the provisions of Sections 933.02 , 933.07 , 933.10 , 933.11 , 933.12 , 933.13,  933.14 or 1125.17 shall be guilty of a minor misdemeanor for a first or second offense and a misdemeanor of the fourth degree for a third or subsequent offense. Each day of operation in violation of Section 933.02 shall be deemed to be a separate offense.
   (b)    Violation of Section 933.11 (h) and (i) may prompt the pickup and removal of the containers.
   (c)   Notwithstanding any other provision of the Codified Ordinances, when an offender is issued a citation and summons for a violation of Section 933.02,  933.07 , 933.10,  933.11 , 933.12 , 933.13,  933.14 or 1125.17 and the offender has no more than two prior convictions of the same provision, the offender to whom the summons was issued, in lieu of appearing at the time and place stated in the citation, may, at any time prior to appearing at the time and placed stated, do either of the following:
      (1)    Appear in person at the office of the clerk of the court stated in the citation, sign a plea of guilty and a waiver of trial provision that is on the citation, and pay the total amount of the fine and costs;
      (2)    Sign the guilty plea and waiver of trial provision of the citation and mail the citation and a check or money order for the total amount of the fine and costs to the office of the clerk of the court stated in the citation.
   Remittance by mail of the fine and costs to the office of the clerk of the court stated in the citation constitutes a guilty plea and waiver of trial whether or not the guilty plea and waiver of trial provision of the citation are signed by the defendant.
   (c)   Any offense with the potential for incarceration requires a mandatory court appearance. Any offense that is an unclassified misdemeanor and where the offender waives court appearance pursuant to subsection (b), said fine shall be set at fifty dollars ($50.00).
(Ord. 055-2021. Passed 7-20-21.)
 
CODIFIED ORDINANCES OF WHITEHALL