(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 70.99.
(1986 Code, § 373.99)
(C) (1) Notwithstanding the provisions of § 70.99, any parent or legal guardian violating any requirement set forth in § 78.10(B) shall be fined $10 or be required to perform two hours in community service related to a child injury prevention program which includes injury prevention education or both fined and required to perform such community service. Notwithstanding the provisions of W.Va. Code § 8-11-1, no court costs may be assessed to any person violating the requirements of § 78.10(B).
(2) In the case of a first violation of § 78.10(B), the court may waive the fine upon receipt of satisfactory proof that the person has a helmet or within a reasonable time from the date of the violation, purchased or otherwise obtained, a protective bicycle helmet.
(3) It is an absolute defense to a charge for a violation of § 78.10(B) that a parent or legal guardian is unable to pay for the protective bicycle helmet. Inability to pay may be demonstrated by the filing of a financial affidavit in accordance with the provisions of W.Va. Code § 59-2-1(c). Any person who demonstrates inability to pay shall be referred to the Governor’s highway safety program for assistance in obtaining the appropriate helmet or helmets.
(W.Va. Code § 17C-11A-7)
(D) Any violation of § 78.20 shall constitute the commission of a misdemeanor criminal offense, and any officer of the Police Department of the city or any other officer of any other police agency exercising proper jurisdiction within the corporate limits of the city is hereby authorized and empowered to issue a citation and to charge any such person who commits a violation of § 78.20. Any person convicted of first offense established hereunder shall be fined not less than $50 nor more than $150. Any person convicted of a second or further offense established hereunder shall be fined not less than $200 nor more than $500, plus possible impoundment of vehicle.
(E) Any person who violates §§ 78.35 through 78.39 shall constitute the commission of a misdemeanor criminal offense, and any officer of the Police Department of the city or other officer of any other police agency exercising proper jurisdiction within the corporate limits of the city is hereby authorized and empowered to issue a citation and to charge any such person who commits a violation of §§ 78.35 through 78.39. Any person convicted of a first offense established hereunder shall be fined not less than $50 nor more than $100. Any person convicted of a second subsequent offense established hereunder shall be fined not less than $150 nor more than $300.
(Ord. passed 11-10-2003; Ord. 2005-374.00, passed 9-19-2005)