§ 9.48.010. Penalties.  


Latest version.
  • A.

    Unless another penalty is expressly provided by this title, a person convicted of violating a provision of this title shall be punished by a fine of not more than $500.00.

    1.

    Notwithstanding section A., fines stated as an amount per mile over a designated speed limit established under chapter 9.26 are calculated according to the fine schedule and not subject to the maximum fine amount in this section.

    B.

    (Reserved).

    C.

    Any person convicted of violating the following sections shall be punished by imprisonment for not more than 90 days, or by a fine of not more than $2,000.00, or by both such fine and imprisonment:

    1.

    Chapter 9.10 (Crashes and Crash Reporting): Sections 9.10.060, 9.10.070, 9.10.090, and 9.10.100.

    2.

    Chapter 9.12 (Driver's License): Section 9.12.050.

    3.

    Chapter 9.14 (Traffic Signs, Signals and Markings): Sections 9.14.090 and 9.14.075.

    D.

    Any person convicted under the following sections shall be punished by imprisonment for not more than one year, or by a fine of not more than $10,000.00, or by both such fine and imprisonment:

    1.

    Chapter 9.10 (Crashes and Crash Reporting): Sections 9.10.020 and 9.10.080.

    2.

    Chapter 9.28 (Serious Traffic Offenses): Sections 9.28.010, 9.28.011, 9.28.019B.1., 9.28.020, 9.28.022C., and 9.28.050.

    E.

    Any minor convicted under the following sections shall be punished by a fine of not more than $1,500 and community work service of not more than 80 hours, as may be prescribed in the section defining the offense:

    1.

    Chapter 9.28 (Serious Traffic Offenses): Sections 9.28.060, 9.28.070, and 9.28.080.

    F.

    No provision of this title is intended to affect the authority of the court under state law to revoke, suspend or limit the operator's license of a person who has been convicted of violating a provision of this title.

    G.

    In sentencing any person convicted of violating any offense under this title for which the sentence may include a period of imprisonment under subsection C. of this section, the court shall also have the power to suspend, revoke or limit that person's driver's license or privilege to drive. For the first conviction of a particular offense within a five-year period, the court may suspend, revoke or limit the driver's license for no more than one year. For a second or subsequent conviction of a similar offense within five years, the license may be suspended, revoked or limited for no more than three years.

    H.

    A person who violates a provision of chapter 9.30, 9.32 or 9.34 shall be subject to a civil penalty established pursuant to section 9.30.280.

    I.

    In addition to any other remedy or penalty provided by this section, any person who violates any provision of chapter 9.46 shall be subject to a civil penalty of not less than $50.00 and not more than $1,000.00 for each offense, or injunctive relief to restrain the person from continuing the violation or threat of violation, or both injunctive relief and civil penalty. Upon application for injunctive relief and a finding that a person is violating or is threatening to violate any provision of chapter 9.46, the superior court of the state shall grant injunctive relief to restrain the violation.

(CAC 9.48.010; AO No. 267-76; AO No. 78-72; AO No. 82-126; AO No. 82-186(S); AIM 33-83; AO No. 83-168; AO No. 84-60; AO No. 89-52; AO No. 99-15, § 2, 2-9-99; AO No. 2003-73, § 17, 4-22-03; AO No. 2004-151, § 2, 1-1-05; AO No. 2006-89(S), § 3, 6-6-06; AO No. 2009-61, § 7, 7-7-09; AO No. 2011-113(S), § 155, 11-22-11, eff. 12-22-11; AO No. 2012-16, §§ 2, 5, 2-14-12, retro eff. 12-22-11; AO No. 2014-42, § 24, 6-21-14; AO No. 2015-126, § 4, 1-1-16 ; EO No. 2016-1, § 5, 7-12-16 ; AO No. 2016-83(S), § 7, 7-26-16 )

Editor's note

Section 7 of AO No. 2012-16 states section 2 of this ordinance is effective retroactively to the effective date of AO 2011-113(S), December 22, 2011. These sections clarify the intention of that ordinance to have the penalties for a violation of AMC 9.28.030 B. be consistent with state law: a $500.00 fine correctable with presenting proof of insurance which results in dismissal. Section 8 of AO No. 2012-16 states section 5 of this ordinance shall become effective immediately upon its passage and approval by the assembly, February 14, 2012.