§ 631.99 Penalty

   (a)   Whoever violates Section 631.02 shall be fined five hundred dollars ($500.00). The employee or agent of any corporation or company in charge of any locomotive or other device operated in violation of Section 631.02 shall be subject to a like fine.

   (b)   Whoever violates Section 631.03 or 631.04 shall be guilty of a misdemeanor and fined not less than one hundred dollars ($100.00) nor more than two hundred and fifty dollars ($250.00).

   (c)   Whoever violates division (a) of Section 631.06 or Section 631.07 shall be fined not more than one hundred dollars ($100.00).

   (d)   Whoever violates division (b) or division (c) of Section 631.06 shall be fined for a first offense five hundred dollars ($500.00) plus an additional one hundred dollars ($100.00) for each minute that the violation exceeds twenty five (25) minutes, except that the total amount of the fine for a first offense shall not exceed ten thousand dollars ($10,000.00). Whoever violates division (b) or division (c) of Section 631.06 shall be fined for a second or subsequent offense one thousand dollars ($1,000.00) plus an additional two hundred dollars ($200.00) for each minute that the violation exceeds twenty five (25) minutes, except that the total amount of the fine for a second or subsequent offense shall not exceed twenty thousand dollars ($20,000.00). In addition to the fines specified above, whoever violates division (b) or division (c) of Section 631.06 as a third or subsequent offense shall be sentenced to not less than ten (10) days nor more than thirty (30) days imprisonment, or both.

   (e)   Whoever violates Section 631.09 shall be fined not less than seven hundred and fifty dollars ($750.00) nor more than one thousand dollars ($1,000.00).

   (f)   Any railroad company or any officer or employee of a railroad company violating any of the provisions of Sections 631.01 to 631.12, for which no specific penalty is provided, shall be fined not less than two hundred and fifty dollars ($250.00) nor more than five hundred dollars ($500.00).

   (g)   Any person, firm or corporation violating any of the provisions of Section 631.22 to 631.25 shall be guilty of a misdemeanor, and fined not more than seven hundred and fifty dollars ($750.00) for a first offense, and not more than one thousand dollars ($1,000.00) for each subsequent offense.

   (h)   Whoever violates or fails to comply with Section 631.26 shall he or she fined not more than two hundred and fifty dollars ($250.00) for each offense, and one hundred dollars ($100.00) for each day the offense is continued.

   (i)   If any person is found guilty of a first offense for violation of Section 631.01 upon a finding that he or she operated a train within the City limits faster than thirty-five (35) mph, such person shall be guilty of a misdemeanor of the fourth degree. On each subsequent offense within one (1) year after the first offense, such person shall be guilty of a misdemeanor of the third degree.

   (j)   Whoever violates Section 631.27 shall be fined ten thousand dollars ($10,000.00) for a first offense and shall be fined twenty thousand dollars ($20,000.00) for a second or subsequent offense.

(Ord. No. 551-2000. Passed 7-17-00, eff. 7-25-00)