§ 40-9. Penalties for violations.

Violators of this article and chapter (Article II, Chapter 40) shall be punished for a misdemeanor as follows:

• 1 ^st violation resulting in a conviction, guilty plea, nolo contendere plea: a fine of not less than $300.00 nor more than $1,000.00, and, where deemed appropriate by the court, a period of incarceration not to exceed 60 days.

• 2 ^nd violation resulting in a conviction, guilty plea, nolo contendere plea: a fine not less than $500.00 nor more than $1,000.00, and, where deemed appropriate by the court, a period of incarceration not to exceed 60 days.

• 3 ^rd violation and all subsequent violations resulting in a conviction, guilty plea, nolo contendere plea: a fine of $1,000.00, and, where deemed appropriate by the court, a period of incarceration not to exceed 60 days.

No portion of the fine may be waived, stayed, deferred, withheld, suspended, substituted or otherwise excused or negated. Community service may be included in addition to any penalty, but not in lieu of the fine provided herein, and any such community service shall consist solely of picking up litter on public roadways. Any violator shall be responsible for all court costs as determined by the court. If such violation is continued, each day's violation shall be a separate offense.

(Res. No. 09-17, § 2, 6-9-2009)

Editor's note

Res. No. 09-17, § 2, adopted June 9, 2009, repealed the former § 40-9, and enacted a new § 40-9 as set out herein. The former § 40-9 pertained to littering is a misdemeanor and derived from Res. No. 03-23, §§ 2, 3, adopted Aug. 26, 2003; Res. No. 07-20, § 3, adopted Apr. 26, 2007.