(A) An owner of a vehicle or a lessee of the vehicle of an owner-operator, or other person, who causes or allows the vehicle to be loaded and driven or moved on a highway, when the weight of that vehicle violates § 70.60(A), is responsible for a civil infraction and shall pay a civil fine in an amount equal to $.03 per pound for each pound of excess load over 1,000 pounds when the excess is 2,000 pounds or less; $.06 per pound of excess load when the excess is over 2,000 pounds but not over 3,000 pounds; $.09 per pound for each pound of excess load when the excess is over 3,000 pounds but not over 4,000 pounds; $.12 per pound for each pound of excess load when the excess is over 4,000 pounds but not over 5,000 pounds; $.15 per pound for each pound of excess load when the excess is over 5, 000 pounds but not over 10,000 pounds; and $.20 per pound for each pound of excess load when the excess is over 10,000 pounds. However, the court shall have discretionary power as to the amount of civil fine within the schedule provided by this division, and may impose the civil fine provided in division (B)(2) of this section, for a civil infraction where, at the time of the violation, either the motor vehicle, motor vehicle and semi-trailer, 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.
(C) If a civil fine is ordered to be paid, the judge or district court magistrate shall summarily tax and determine costs of the action, which shall not be limited to the costs taxable in ordinary civil actions, and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction, up to the entry of judgment. Except as otherwise provided by law, costs shall be payable to the general fund of the plaintiff.
(Ord. 98-002, passed 1-5-98)