(a) Whoever violates any other provision of this Chapter including the owner of said vehicle and/or the operator of said vehicle and/or any other responsible party who contributes; aids, and abets in any violation of this provision of this section on a first offense is guilty of a misdemeanor of the third degree; on a second offense within two years after the first offense, the person is guilty of a misdemeanor of the second degree; on each subsequent offense within five years after the first offense, the person is guilty of a misdemeanor of the first degree.
(b) In addition to Section 339.99 (a), whoever violates the weight provisions of Section 339.023 of the Codified Ordinances shall be fined eighty dollars for the first 2,000 pounds, or fraction thereof, of overload; for overloads in excess of 2,000 pounds, but not in excess of five thousand pounds, such person shall be fined one hundred dollars, and in addition thereto one dollar per one hundred 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 and in addition thereto two dollars per one hundred 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, and in addition thereto three dollars per one hundred 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. No penalty prescribed in this subsection 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 subsection, two axles on one vehicle less than eight feet apart, shall be considered as one axle.”
(Ord. 2005-119. Passed 12-8-05.)