§ 70-110. Enforcement, violations, impoundment, and penalties.

(a)

The provisions of this article shall be enforced by way of citation from the sheriff or the county marshal.

(b)

It shall be unlawful for any person or entity to fail to comply with the requirements of this article.

(c)

Any motorized cart operated in violating of the requirements of this article may be impounded by the county and/or the sheriff or county marshal may issue a citation to the owner or operator of such vehicle. Neither the county nor any of its employees or agents shall be responsible for any charges incurred or damages sustained in the towing and storage of such motorized carts.

(d)

Violations of this article shall be punished as follows:

(1)

First violation resulting in a conviction, guilty plea, nolo contendere plea: a fine of not less than $100.00 nor more than $1,000.00, and/or, where deemed appropriate by the court, a period of incarceration not to exceed 60 days.

(2)

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

(3)

Third violation and all subsequent violations resulting in a conviction, guilty plea, nolo contendere plea: a fine not less than $500.00 nor more than $1,000.00, and/or, 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. 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. 13-10, § 2, 6-25-2013)