It is unlawful for any person to violate any of the provisions of this Article. The penalties set forth below shall apply to such violations. Fines shall be paid to the Municipal Court Clerk.
(a) Minimum mandatory fine. Any person convicted of or found liable for any violation under this Section shall be punished by a fine of no less than the amount of the penalty assessment as set forth in Section 8-2-100(c) for each violation for which the person is convicted. If no penalty assessment is set forth in Section 8-2-100(c) for the violation, then the minimum fine for such offense shall be one hundred dollars ($100.00). Minimum fines are mandatory and shall not be suspended or reduced by any court, although execution of any minimum mandatory fine may be stayed for no longer than ninety (90) days or stayed pending an appeal or a rehearing.
(b) Maximum penalty.
(1) In criminal actions, the maximum penalty for each conviction is as set forth in Section 1-4-10(a)(1) of this Code.
(2) In noncriminal actions, the maximum penalty for each violation is a fine not to exceed the amount set forth in Section 1-4-10(a)(2) of this Code.
(c) Discretion within minimum and maximum penalties. For each violation of this Section for which a defendant is found liable or convicted, the court may set a fine, or for criminal violations, a fine and imprisonment, so long as the fine is not less than the minimum set in Subsection (a) above. The court may suspend any part of a term of imprisonment, as well as that part only of a fine which exceeds the minimum set in Subsection (a) above. Whenever a conviction or finding of liability is for the violation of one (1) of these Sections for which a penalty assessment is available under the schedule in Section 8-2-100(c) below, it is the policy of the Town Council that the court’s judgment for that violation be no less severe than double the penalty assessment for that violation, unless extenuating circumstances and justice manifestly so require. The reason for this policy is to save administrative expenses by encouraging persons accused to elect to pay penalty assessments. (Ord. 1513 §1 (Exh. A), 2020)