A. Every person against whom a fine or penalty shall be assessed under the ordinances of the town, who shall refuse or neglect to pay the same when demanded, upon execution ordered by the municipal judge may be committed in default thereof to the Summit County Jail or such other suitable place as shall be provided by the town under the direction of the proper officer until said fine or penalty is fully paid and satisfied or the person has served the maximum incarceration period for the offense of which such person was convicted, whichever first occurs. Such satisfaction shall be made at the rate of six dollars ($6.00) per twenty four (24) hour day, and such person may be required to do any reasonable work. The foregoing notwithstanding, in the discretion of the municipal judge, a stay of execution may be granted to enable the defendant to pay the fine or penalty at a later date or in installment payments. In case the defendant shall refuse or neglect to comply with the terms of the stay of execution, the execution may issue and the defendant may be committed to the Summit County Jail, as hereinabove provided, until such fine, penalty or judgment is fully paid or otherwise satisfied.

B. Upon the failure or neglect by a person to pay a fine as directed by the municipal court, the court shall inquire as to the grounds for said person's neglect or failure to pay such fine. Should the court be satisfied that the grounds for said person's failure to pay the fine is solely indigency, the court shall not incarcerate said person; provided, however, that the person who owes the fine has the burden of going forward and persuasion of the issue of indigency. (Ord. 13, Series 1981)