(1) Except as provided in subsection (2), violation of 61-9-420 is punishable by a fine of not more than $100.
(2) The fine provided for in subsection (1) must be waived if proof of acquisition of an appropriate child safety restraint is presented within 7 days of the violation to the office of the charging officer and there has been no previous dismissal of a violation of 61-9-420 under this subsection.