(A) Any person violating any provision of this code for which a penalty is not otherwise specified, either in that provision or elsewhere in the code, shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be subject to a fine of not more than $500, or to imprisonment in the county jail for a period of not more than 90 days, or to both the fine and imprisonment in the discretion of the court.
(B) Provisions of this code prescribing any penalty shall not apply to the failure of any village officer or employee to perform an official duty.
(C) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by this code or any ordinance, plus any costs, damages, expenses and other sanctions, as authorized under Public Act 736 of 1961, Ch. 87, being M.C.L.A. §§ 600.101 through 600.9911, as amended and other applicable laws.
(1) Unless otherwise specifically provided for a particular municipal civil infraction violation by this code or any ordinance, the civil fine for a violation shall be not less than $50 nor more than $500, plus costs and other sanctions, for each infraction. Costs shall include all expenses, direct and indirect, to which the village has been put in connection with the municipal civil infraction. In no case, however, shall costs of less than $10 nor more than $500 be ordered.
(2) Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this code or any ordinance. As used in this section, REPEAT OFFENSE means a second (or any subsequent) civil infraction violation of the same requirement or provision (i) committed by a person within any three-year period (unless some other period is specifically provided by this code or any ordinance) and (ii) for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this code or any ordinance for a particular civil infraction violation, the increased fine for a repeat offense shall be as follows:
(a) The fine for any offense which is a first repeat offense shall be no less than $150 and no more than $500, plus costs;
(b) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $500, plus costs; and
(c) Repeat offenses are determined on the basis of the date of the commission of the offenses.
(D) A violation includes any act which is prohibited, made or declared to be unlawful or an offense by this code or any ordinance, and any omission or failure to act where the act is required by this code or any ordinance.
(E) Each act of violation and each day on which any violation of this code or any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
(F) In addition to any remedies available at law, the village may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of this code or any village ordinance. The penalty or sanction shall be in addition to the abatement of the violating condition, any injunctive relief, revocation of any permit or license or other process.
(G) The penalties and sanctions provided by this section, unless another penalty or sanction as expressly provided, shall apply to the amendment of any section of this code and/or any addition to this code whether or not the penalty or sanction is reenacted in the amendatory ordinance.
Cross-reference:
Civil infractions, see Ch. 35