A. First Offense. Any person violating any of the provisions of this chapter shall, upon conviction of such violation, be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment.

B. Second Offense. Any person who violates any of the provisions of this chapter, upon conviction of such violation, a second time within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. One hundred dollars of the fine and one day of imprisonment shall not be suspended or deferred.

C. Third or Subsequent Offense. Every person who violates any of the provisions of this chapter, upon conviction of such violation, a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Five hundred dollars of the fine and five days’ imprisonment shall not be suspended or deferred.

D. Prior to imposing any fine for violation of this chapter, the court shall make an inquiry as to a person’s ability to pay. If a person is unable to pay the monetary penalty set forth in subsection (A), (B) or (C) of this section, the court is explicitly authorized to order performance of community service or work crew in lieu of a monetary penalty. [Ord. 783 § 9, 2023.]