440.99 PENALTY.

   (a)   Whoever violates the weight provisions of Sections 440.005 to 440.08 inclusive shall be fined or imprisoned, or both, which fine or term of imprisonment shall be as follows:

      (1)   For an overload of the first two thousand pounds or fraction thereof - eighty dollars ($80.00);

      (2)   For overloads in excess of two thousand pounds, but not in excess of five thousand pounds - one hundred dollars ($100.00); plus one dollar ($1.00) per one hundred pounds of overload;

      (3)   For overloads in excess of five thousand pounds, but not in excess of ten thousand pounds - one hundred thirty dollars ($130.00); plus two dollars ($2.00) per one hundred pounds of overload or imprisoned not more than thirty day's, or both;

      (4)   For all overloads in excess of ten thousand pounds - one hundred sixty dollars ($160.00); plus three dollars ($3.00) per one hundred pounds of overload or imprisoned not more than thirty days, or both;

      (5)   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). No penalty prescribed in this section shall be imposed on any vehicle combination if:

         A.   The overload on any axle does not exceed 1,000 pounds, and if

         B.   The immediately preceding or following axle, excepting the front axle of the vehicle combination, is underloaded by the same or a greater amount. For purposes of this section, two axles on one vehicle less than eight feet apart, shall be considered as one axle.

      (6)   All fines collected relative to this section shall be rounded to the nearest dollar. (Ord. 127-88. Passed 11-28-88.)

   (b)   Whoever violates any other provision of Sections 440.005 to 440.08 of the Codified Ordinances shall be fined:

      (1)   Not more than twenty-five dollars ($25.00) for a first offense;

      (2)   For a second offense within one year thereafter, not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00); or imprisoned not more than ten days, or both;

      (3)   For a subsequent offense within one year after the first offense, 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.

   (c)   Whoever violates Section 440.09 shall be fined not more than five thousand dollars ($5,000); or imprisoned for not less than thirty days nor more than six months, or both.

   (d)   Whoever violates Section 440.10 shall be fined not more than twenty-five dollars ($25.00).
(Ord. 95-87. Passed 10-26-87.)