9.25.050 Penalties – Habitual violator.
(a) Notwithstanding TMC 1.10.070, punishment for a violation of TMC 9.25.030 shall be as follows:
(1) Upon a first conviction, a fine of not more than $1,000.
(2) Upon a second conviction, a fine of not less than $100.00 nor more than $1,000.
(3) Upon a third conviction, a fine of not less than $500.00 nor more than $1,000.
(4) Upon a fourth or subsequent conviction, a fine of not less than $1,000 nor more than $2,500.
In addition to the preceding fines such person may be punished by a term of imprisonment which shall not exceed 12 months, or by both such fines and imprisonment.
(b) For the purposes of determining whether a conviction is a first or subsequent conviction in sentencing under this section:
(1) Conviction includes being convicted of a violation of TMC 9.25.030 and it is irrelevant whether an offense occurred before or after conviction for a previous offense.
(2) Conviction includes being convicted of a violation of TMC 9.25.030 or entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging a violation of this chapter.
(3) Any convictions occurring during the three years prior to the date of the occurrence shall be taken into account when determining the sentence to be imposed.
(c) Each day that any violation of this chapter continues shall constitute a separate offense and may be punishable hereunder as a separate violation. (Ord. 20439 § 4, 7-11-23.)