339.99  PENALTY.
   (a)   Whoever violates the weight provisions of Sections 339.02, 339.03 or 339.15 shall be fined eighty dollars ($80.00) for the first two thousand pounds or fraction thereof of overload; for overloads in excess of two thousand pounds, but not in excess of five thousand pounds, such person shall be fined one hundred dollars ($100.00) and in addition thereto one dollar ($1.00) per one hundred pounds of overload; for overloads in excess of five thousand pounds, but not in excess of ten thousand pounds, such person shall be fined one hundred thirty dollars ($130.00) and in addition thereto two dollars ($2.00) per one hundred pounds of overload or imprisoned not more than thirty days or both. For all overloads in excess of ten thousand pounds such person shall be fined one hundred sixty dollars ($160.00) and in addition thereto three dollars ($3.00) per one hundred pounds of overload, or imprisoned not more than thirty days, or both. Provided that no penalty prescribed in Section 303.99(d) shall be imposed on any vehicle combination if:
      (1)   The overload on any axle does not exceed 1,000 pounds; and if
      (2)   The immediately preceding or following axle, excepting the front axle of the vehicle combination, is under loaded by the same or a greater amount.
   For purposes of this subsection, two axles on one vehicle less than eight feet apart, shall be considered as one axle.
   (b)    Whoever violates the weight provisions of Sections 339.01, shall be fined eighty dollars ($80.00) for the first 2,000 pounds, or fraction thereof, of overload; for overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, such person shall be fined one hundred dollars ($100.00) and in addition thereto one dollar ($1.00) per 100 pounds of overload; for overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, such person shall be fined one hundred thirty dollars ($130.00) and in addition thereto two dollars ($2.00) per 100 pounds of overload, or imprisoned not more than thirty days, or both. For all overloads in excess of 10,000 pounds such person shall be fined one hundred sixty dollars ($160.00) and in addition thereto three dollars ($3.00) per 100 pounds of overload, or imprisoned not more than thirty days or both. Whoever violates the weight provisions of vehicle and load relating to gross load limits shall be fined not less than one hundred dollars ($100.00). Provided that no penalty prescribed in this subsection shall be imposed on any vehicle combination if:
      (1)   The overload on any axle does not exceed 1,000 pounds; and if
      (2)   The immediately preceding or following axle, excepting the front axle of  the vehicle combination, is under loaded by the same or greater amount.  For purposes of this subsection, two axles on one vehicle less than eight feet apart, shall be considered one axle.
   (c)    Whoever violates any other provision of Sections 339.01 or 339.16 through 339.25, inclusive, shall be fined not more than twenty-five dollars ($25.00) for  a first offense; for a second offense within one year thereafter, such person  shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or imprisoned not more than ten days or both; for a subsequent offense within one year after the first offense, such person shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00), or imprisoned not more than thirty days, or both.
   (d)    Whoever violates Section 339.24 shall be fined not more than twenty-five dollars ($25.00).
   (e)   Whoever violates sections 339.05 through 339.14, inclusive, is guilty of one of the following:
      (1)   Except as otherwise provided in this subsection (e)(2) and (e)(3) hereof, a minor misdemeanor;
      (2)   If, within one (1) year of the offense, the offender has been previously convicted or pleaded guilty to one violation of sections 339.05 through 339.14, inclusive, of this Traffic Code or any provision of the Ohio Revised Code or of a municipal ordinance that is substantially similar to any such provision of this Traffic Code, a misdemeanor of the fourth degree;
      (3)   If, within one (1) year of the offense, the offender has been previously convicted or pleaded guilty to two or more violations of sections 339.05 through 339.14, inclusive, of this Traffic Code or any provision of the Ohio Revised Code or of a municipal ordinance that is substantially similar to any such provision of this Traffic Code, a misdemeanor of the third degree.
         (Ord.  2002-233.  Passed 11-18-02.)