A. Any person who commits a civil traffic violation of this chapter after previously having been found responsible for three or more civil traffic violations of this chapter (violations per SCC 10.20.080(D)(2) shall be treated as a single violation) within a 24-month period, whether by default or by judgment after administrative or civil hearing, and who has not paid the civil sanctions required by the court for those offenses (underlying offenses) shall be deemed to be a habitual offender and shall be guilty of a misdemeanor. For purposes of calculating the 24-month period under this subsection, the dates of the commission of the offenses are the determining factor.

B. The Sedona city attorney/prosecutor is authorized to file a criminal misdemeanor complaint in the Sedona magistrate court against habitual offenders who violate this section.

C. The payment of the civil sanctions due on an underlying offense, when such payments are made after the issuance of a summons and complaint on a charge of being a habitual offender, shall not be a defense to the habitual offender charge.

D. Upon conviction of a violation of this section, the court may impose a sentence of incarceration not to exceed six months in jail or a fine not to exceed $2,500, exclusive of penalty assessments prescribed by law, or both. The court shall order a person who has been convicted of a violation of this section to pay a fine of not less than $250.00 for each count upon which a conviction has been obtained. A judge shall not grant probation to or suspend any part or all of the imposition or execution of any sentence required by this subsection except on the condition that the person pay the mandatory minimum fines as provided for in this subsection.

E. Every action or proceeding under this section shall be commenced and prosecuted in accordance with the laws of the state of Arizona relating to criminal misdemeanors and the Arizona Rules of Criminal Procedure. [Ord. 2017-04 § 1, 6-27-2017; Res. 2017-15 Exh. A, 6-27-2017; Ord. 2022-01 § 1, 3-22-2022; Res. 2022-09 Exh. A, 3-22-2022].