(a) Misdemeanors.
(1) Except as otherwise provided in this chapter, any person, partnership, association or corporation, or their lessees or receivers appointed by any court, who or which violate any provision of this chapter is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00), plus costs, or be imprisoned for not more than ninety days, or both, in the discretion of the court.
(2) In addition to the penalty provided in paragraph (a)(1) hereof, the court may order any person, partnership, association or corporation, or their lessees or receivers appointed by any court, who or which have been found guilty of a misdemeanor under this chapter, to make full or partial restitution for any damage or loss to any victim of the defendant's course of conduct which gave rise to the conviction, including any unit of government, public department or agency.
(b) Civil Infractions.
(1) Except as otherwise provided, any person, partnership, association or corporation, or their lessees or receivers appointed by any court, who or which have been determined to be responsible, or responsible "with explanation," for a civil infraction under this chapter, while driving a commercial motor vehicle as defined herein, shall be ordered to pay a civil fine of not more than two hundred fifty dollars ($250.00), plus costs as provided in paragraph (b)(3) hereof.
(2) Except as otherwise provided, any person, partnership, association or corporation, or their lessees or receivers appointed by any court, determined to be responsible, or responsible "with explanation," for a civil infraction under this chapter, shall be ordered to pay a civil fine of not more than one hundred dollars ($100.00), plus costs as provided in paragraph (b)(3) hereof.
(3) If a civil fine is ordered to be paid under paragraph (b)(1) or (2) hereof, the judge, district court referee or district court magistrate shall summarily tax and determine the 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, which the plaintiff has incurred 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. 554. Passed 4-6-94.)
(c) State Pre-Emption. Notwithstanding the foregoing provisions of this section, no violation of this chapter which is constructed as a civil infraction under State law shall be prosecuted or enforced as a criminal misdemeanor or have a criminal penalty attached thereto, nor shall any criminal penalty or civil sanction set forth in this section exceed that which is prescribed by State law.
(Ord. 699. Passed 6-21-00.)