§127A-29 Emergency period infractions, violations, petty misdemeanors, and misdemeanors.
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§127A-29 Emergency period infractions, violations, petty misdemeanors, and misdemeanors .
(a)Any person violating any rule of the governor or mayor prescribed and adopted pursuant to this chapter and having the force and effect of law shall, if it shall be so stated and designated in the rule, be guilty of a violation, petty misdemeanor, or misdemeanor. The governor or mayor may state and designate the penalty applicable to the offense; provided that if a penalty is not stated and designated, the person shall be sentenced in accordance with chapter 706. If the offense and penalty are not stated and designated in the rule, the person shall be guilty of a misdemeanor and upon conviction, the person shall be fined no more than $2,000, imprisoned no more than one year, or both.
In lieu of a violation, petty misdemeanor, or misdemeanor, the governor or mayor may state and designate the noncompliance of a rule as an emergency period infraction, as defined in section 291D-2. Any emergency period infraction so stated and designated in the rule shall be adjudicated pursuant to chapter 291D. A person guilty of an emergency period infraction shall be fined $200 for each occurrence; provided that the governor or mayor may state and designate in the rule a fine of a different amount.
(b)Notwithstanding subsection (a), any person who intentionally, knowingly, or recklessly destroys, damages, or loses any shelter, protective device, or warning or signal device, shall if the same was installed or constructed by the United States, the State, or a county, or is the property of the United States, the State, or a county, be fined the cost of replacement, imprisoned no more than one year, or both. The governor or mayor may, by rule, make further provisions for the protection from misuse of shelters, protective devices, or warning and signal devices. [L 2014, c 111, pt of §2; am L 2021, c 185, §2]