61-8-742. Endangerment of pedestrians -- penalty -- exception. (1) Except as provided in subsection (2), a person convicted of a violation of 61-8-502 is guilty of a misdemeanor and shall:

(a) for a first conviction, be punished by a fine of not less than $25 or more than $100;

(b) for a second conviction within 1 year after the first conviction, be punished by a fine of not less than $50 or more than $200; and

(c) for a third or subsequent conviction within 1 year after the first conviction, be punished by a fine of not less than $100 or more than $500.

(2) If the violation of 61-8-502 occurs in a pedestrian crossing when a pedestrian-actuated device is activated, the person convicted of a violation of 61-8-502 is guilty of a misdemeanor and shall be punished by a fine of:

(a) not less than $75 or more than $149 for a first violation; or

(b) not less than $150 or more than $250 for a second or subsequent violation.

(3) If a vehicle damages a pedestrian-actuated device, the driver of the vehicle is liable to pay the replacement or repair cost of the pedestrian-actuated device.

(4) Failure to pay a fine imposed under this section is a civil contempt of the court. On failure of payment of a fine, the court may:

(a) order enforcement of the fine by execution in the manner provided in 25-13-204 and under the provisions of Title 25, chapter 13; or

(b) if the court finds that the person is unable to pay, order the person to perform community service.

(5) On conviction, the court costs or any part of the court costs may be assessed against the defendant in the discretion of the court.

(6) For the purposes of this section, "pedestrian-actuated device" has the same meaning as provided in 61-8-502.