§ 74.999 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.999 of this code of ordinances.
   (B)   (1)   (a)   Except as otherwise stated, any person, individual, partnership, association, corporation or their lessees or receivers appointed by any court found guilty of violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be fined in an amount not exceeding $500, plus costs, or be imprisoned for a period of not exceeding 90 days, or be both so fined and imprisoned and assessed costs in the discretion of the court.
         (b)   In addition to the penalty provided in division (B)(1)(a) above, the court may order any person, individual, partnership, association, corporation or their lessees or receivers appointed by any court who has been found guilty of a misdemeanor under this chapter to make full or partial restitution 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.
         (c)   Except as otherwise provided, any person, individual, partnership, association, corporation or their lessees or receivers appointed by any court who 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 $250, plus the cost of the action as set out in division (B)(1)(e) below.
         (d)   Except as otherwise provided, any person, individual, partnership, association, 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 $100, plus costs as provided in division (B)(1)(e) below.
         (e)   If a civil fine is ordered to be paid under divisions (B)(1)(c) or (B)(1)(d) above, 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, to which the plaintiff has been put in connection with the civil infraction, up to the entry of judgment. Costs shall not be ordered in excess of $100. Except as otherwise provided by law, costs shall be payable to the General Fund of the plaintiff.
(Prior Code, § 22.1-71)
      (2)   (a)   The provisions of § 74.002 of this chapter shall apply to any individual, partnership, association, corporation or their lessees or receivers appointed by any court who operate, drive, cause to be driven or maintain any truck, truck tractor or trailer within the limits of the city.
         (b)   A violation of any provision of § 74.002 of this chapter shall constitute a civil infraction, and the violator shall be ordered to pay a civil fine of not more than $250 per violation, plus costs as specified in division (B)(1)(e) above.
(Prior Code, § 22.1-15)
      (3)   (a)   A person who makes a false statement or return, who refuses or neglects to make a statement or return required by § 74.010 of this chapter, who engages in business in the city as a motor carrier without being a holder of an unrevoked license to engage in this business as provided in § 74.010 of this chapter, or who in any way violates § 74.010 of this chapter, except as specifically provided by § 74.010 of this chapter, is guilty of a misdemeanor, punishable by a fine of not more than $100, or by imprisonment for not more than 90 days, or both.
         (b)   In addition to the penalties imposed by division (B)(3)(a) above, the Department shall receive the license of a licensee who has been convicted under this division (B)(3).
(Prior Code, § 22.1-33)
      (4)   (a)   Violation of general provisions of this chapter a misdemeanor. Unless specifically declared to be a civil infraction, it is a misdemeanor for a person to drive or move or for the owner to cause or permit to be driven or moved on a highway a vehicle or vehicles of a size or weight exceeding the limitations stated in § 74.011 of this chapter or otherwise in violation of this chapter, and the maximum size and weight specified in § 74.011 of this chapter shall be lawful throughout the city.
(Prior Code, § 22.1-42)
         (b)   Violations; penalties. Persons who violate provisions of § 74.011(C) and (E) of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than $500 or by imprisonment for not more than 90 days or both.
(Prior Code, § 22.1-46)
      (5)   A person who violates § 74.012 of this chapter is responsible for a civil infraction. The owner of the vehicle may be charged with a violation of § 74.012 of this chapter.
(Prior Code, § 22.1-50)
      (6)   A person who violates § 74.013 of this chapter is responsible for a civil infraction.
(Prior Code, § 22.1-51)
      (7)   Except as provided in § 74.014(B) of this chapter, a person who violates § 74.014 of this chapter is responsible for a civil infraction. The owner of the vehicle may be charged with a violation of § 74.014 of this chapter.
(Prior Code, § 22.1-52)
      (8)   A person who violates § 74.015 of this chapter is responsible for a civil infraction. The owner of the vehicle may be charged with a violation of § 74.015 of this chapter.
(Prior Code, § 22.1-53)
      (9)   A person who violates § 74.016 of this chapter is guilty of a misdemeanor punishable by a fine of not more than $500 or imprisonment for not more than 90 days, or both.
(Prior Code, § 22.1-54)
      (10)   A person who violates § 74.017 of this chapter is responsible for a civil infraction.
(Prior Code, § 22.1-55)
      (11)   Any person who violates § 74.018 of this chapter is responsible for a civil infraction, with fines and costs to be imposed as set forth in § 74.021(C) of this chapter.
(Prior Code, § 22.1-56)
      (12)   (a)   The owner or driver of a vehicle which transports a flammable liquid in violation of § 74.019(A) through (G) of this chapter is guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisonment for not more than 90 days, or both.
         (b)   Except as provided in division (B)(12)(a) above, a person who violates § 74.019 of this chapter is responsible for a civil infraction.
(Prior Code, § 22.1-57)
      (13)   A person who violates § 74.020 of this chapter is responsible for a civil infraction.
(Prior Code, § 22.1-58)
      (14)   A person who violates § 74.022 of this chapter is responsible for a civil infraction.
(Prior Code, § 22.1-60)
      (15)   A person who violates a prohibition, limitation or truck route designation established pursuant to § 74.023(A) of this chapter is responsible for a civil infraction.
(Prior Code, § 22.1-61)
(Ord. 885, passed 7-16-1990; Ord. 911, passed 7-22-1991)