408.04  PENALTY FOR VIOLATIONS OF CHAPTER 440 (COMMERCIAL AND HEAVY VEHICLES).
   (a)   Whoever violates any of the weight provisions of Chapter 440 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).  No penalty prescribed in this section shall be imposed on any vehicle combination if the overload on any axle does not exceed 1,000 pounds, and if 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.
   (b)   Whoever violates any other provision of Chapter 440 not dealing with weight of load of vehicles, for which no penalty is otherwise provided, 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.
   (c)   Whoever violates Section 440.03 shall be fined not more than twenty-five dollars ($25.00).
(Ord. 89-54.  Passed 10-12-89.)