(a) An owner of a vehicle or a lessee of the vehicle of an owner-operator, or other person, who causes or allows a vehicle to be loaded and driven or moved on a highway, when the weight of that vehicle violates Section 420.01, is responsible for a civil infraction and shall pay a civil fine in an amount equal to three cents (3¢) per pound for each pound of excess load over 1,000 pounds when the excess is 2,000 pounds or less; six cents (6¢) per pound of excess load when the excess is over 2,000 pounds but not over 3,000 pounds; nine cents (9¢) per pound for each pound of excess load when the excess is over 3,000 pounds but not over 4,000 pounds; twelve cents (12¢) per pound for each pound of excess load when the excess is over 4,000 pounds but not over 5,000 pounds; fifteen cents (15¢) per pound for each pound of excess load when the excess is over 5,000 pounds but not over 10,000 pounds; and twenty cents (20¢) per pound when the excess is over 10,000 pounds. However, the court shall have discretionary power as to the amount of the civil fine within the schedule provided by this subsection and may impose the civil fine provided in Section 907(3) of the Michigan Vehicle Code, being M.C.L.A. 257.907(3), as amended, where, at the time of the violation, either the motor vehicle, motor vehicle and semitrailer or trailer did not exceed the total weight which would be lawful for each unit by a proper distribution of the load upon the various axles supporting each unit.
(b) An owner of a vehicle or a lessee of the vehicle of an owner-operator, or other person, who causes or allows a vehicle to be loaded and driven or moved on a highway in violation of subsection (c) hereof is responsible for a civil infraction and shall pay a civil fine.
(Ord. 99-94. Passed 11-15-99.)