(A) If a defendant defaults in the payment of a civil fine, costs or, if applicable, damages or expenses, or any installment, as ordered, the court, upon the motion of the plaintiff or upon its own motion, may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, order to show cause or a bench warrant of arrest for the defendant’s appearance.
(B) If a corporation or an association is ordered to pay a civil fine, costs or damages or expenses, the individuals authorized to make disbursement shall pay the fine, costs or damages or expenses, and their failure to do so shall be civil contempt unless they make the showing required in this section.
(C) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until all or a specified part of the amount due is paid.
(D) If it appears that the default in the payment of a fine, costs or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs or damages or expenses.
(E) (1) The term of imprisonment on civil contempt for non-payment of a civil fine, costs or damages or expenses shall be specified in the order of commitment, and shall not exceed one day for each $30 due.
(2) A person committed for non-payment of a civil fine, costs or damages or expenses shall be given credit toward payment for each day of imprisonment and each day of detention in default of recognizance before judgment at the rate of $30 per day.
(F) A defendant committed to imprisonment for civil contempt for non-payment of a civil fine, costs or damages or expenses shall not be discharged from custody until one of the following occurs:
(1) The defendant is credited with the amount due pursuant to division (E) above;
(2) The amount due is collected through execution of process or otherwise; or
(3) The amount due is satisfied pursuant to a combination of divisions (F)(1) and (F)(2) above.
(Prior Code, § 23.5-8) (Ord. 1050, passed 8-17-1998)