Chapter 9.40
PENALTY FOR VIOLATIONS
Sections:
9.40.020 Violation – Restitution as alternative.
Code reviser’s note: See also Chapter 1.16 AHMC.
9.40.010 Violation – Penalty.
A. Gross Misdemeanor. Every person convicted of a gross misdemeanor as defined in this title shall be punished by imprisonment for a term of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.
B. Misdemeanor. Every person convicted of a misdemeanor as designated in this title shall be punished by imprisonment for a term of not more than 90 days or by fine of not more than $1,000, or by both such imprisonment and fine. (Ord. C-196 § 1, 1989; Ord. 157 § 2.6, 1976)
9.40.020 Violation – Restitution as alternative.
A. If a person has gained money or property or caused a victim to lose money or property through the violation of provisions of this title, upon conviction thereof the court, in lieu of imposing the fine authorized for the offense, may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant’s gain or victim’s loss from the commission of the violation and not to exceed the sum of $500.00. Such amount may be used to provide restitution to the victim at the order of the court. In such case the court shall make a finding as to the amount of the defendant’s gain or victim’s loss from the violation, and if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For purposes of this section, the terms “gain” or “loss” refer to the amount of money or the value of property or services gained or lost.
B. Notwithstanding any other provision of law, this section also applies to any corporation or joint stock association found guilty of any crime. (Ord. 195, 1978; Ord. 157 § 2.7, 1976)