(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Whoever violates § 135.04 shall be fined not more than $200 or imprisoned not more than 30 days, or both.
(C) Upon conviction of a violation of § 135.05, the child and the parents, guardian, custodian or adult person lawfully in charge of such child shall each be fined not exceeding $50.
(1986 Code, § 525.99)
(D) (1) Whoever violates § 135.07, upon conviction:
(a) First offense, $25 and eight hours of community service;
(b) Second offense, $50 and 16 hours of community service; and
(c) Third and subsequent offenses, $100 and 24 hours community service.
(2) This will be done by a citation to the offender instead of seeking a juvenile petition.
(E) (1) Any firm or corporation that violates any provision of § 135.08(A) hereof and any individual who violates any provision of § 135.08(A) hereof shall be fined $50 for the first offense. Upon any subsequent violation at the same location or operating unit, the firm, corporation or individual shall be fined as follows: at least $250 but not more than $500 for the second offense, if it occurs within two years of the first conviction; at least $500 but not more than $750 for the third offense, if it occurs within two years of the first conviction; and at least $1,000 but not more than $5,000 for any subsequent offense, if the subsequent offense occurs within five years of the first conviction.
(2) Any individual who, in violation of § 135.08, knowingly and intentionally sells, gives or furnishes or causes to be sold, given or furnished to any person under the age of 18 years any cigar, cigarette, snuff, chewing tobacco, tobacco product or tobacco-derived product, in any form, for the first offense shall be fined not more than $100; upon conviction thereof for a second or subsequent offense shall be fined not less than $100 and not more than $500.
(3) Any person violating the provisions of this § 135.08(E) shall for the first violation be fined $50 and be required to serve eight hours of community service; for a second violation, the person shall be fined $100 and be required to serve 16 hours of community service; and for a third and each subsequent violation, the person shall be fined $200 and be required to serve 24 hours of community service. Notwithstanding the provisions of W.Va. Code § 49-4-701, the Magistrate Court has concurrent jurisdiction.
(W.Va. Code § 16-9A-3) (Ord. passed 8-14-2006)