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a. A person who violates any of the provisions of this section [division] is subject to a civil sanction unless the ordinance defining the offense provides for a different classification.

b. Notwithstanding the provisions of subsection (c) of this section, a conviction for a violation of section 36-88.04 in which the weight is two thousand five hundred one pounds or greater is a Class 1 misdemeanor.

c. A person who violates any provision of section 36-88.04 which is declared to be a civil traffic violation is subject to the civil sanction set forth in the following table. A second violation of any such provision within six months of a preceding civil judgment is a Class 2 misdemeanor. A second conviction for a criminal violation of said section within one year of the preceding conviction is a Class 1 misdemeanor. In addition to any other penalties which the court may impose, in all cases the court shall impose the fine or civil sanction in the amount set forth in the following table:

If the excess weight is:

The minimum fine or civil sanction is:

Sanction

Class 2

Class 1

1,001 to 1,250 pounds

$ 50.00

$ 75.00

$ 100.00

1,251 to 1,500 pounds

100.00

150.00

200.00

1,501 to 2,000 pounds

150.00

225.00

300.00

2,001 to 2,500 pounds

200.00

300.00

400.00

2,501 to 3,000 pounds

500.00

3,001 to 3,500 pounds

600.00

3,501 to 4,000 pounds

700.00

4,001 to 4,500 pounds

800.00

4,501 to 4,750 pounds

900.00

4,751 pounds and over

1,000.00

d. If any officer finds that the person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to reload the vehicle to comply with the axle weight limitation and if the driver so complies he shall not be subject to arrest or fine. If the driver does not comply with the request of the officer to reload, the driver shall be subject to a civil sanction. (Ord. No. G-2130, § 2; Ord. No. G-2269, § 1; Ord. No. G-2578, § 11; Ord. No. G-2744, § 1)

State law reference—Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28), 28-626.