DIVISION IV – VIOLATIONS

         22-5-12         PENALTIES.

         (A)               Any person who intentionally violates any provision of Section 22-5-3 of this Article may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty-four (364) days, and may be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00).

         (B)               A person who intentionally violates any provision of Section 22-5-5 of this Article is subject to a fine in an amount of not less than One Thousand One Dollars ($1,001.00) and not more than Five Thousand Dollars ($5,000.00).

         (C)               Any person who intentionally makes a false report alleging a violation of any provision of this Article to the local enforcement authorities, the State’s Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty-four (364) days, and may be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00).

         (D)               A violation of Section 22-5-3 of this Article shall be prosecuted as a criminal offense by an attorney for the County Government by filing in the Circuit Court information, or sworn complaint, charging such offense.  The prosecution shall be under and conform to the rules of criminal procedure.  Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt.  A violation of Section 22-5-5 of this Article may be prosecuted as a quasi-criminal offense by an attorney for the County Government, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure.

         (E)               In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of Section 22-5-3 or Section 22-5-5 of this Article is subject to discipline or discharge.

(Ord. No. 2009-02; 01-20-09)