(A) Misdemeanor. The word MISDEMEANOR means an act or omission that is prohibited by this Code or any ordinance of the city, which is a crime under this Code or other ordinance, that is punishable by a fine of not more than $500 plus costs, penalty or forfeiture, or by imprisonments for not more than 93 days, or both, in the discretion of any court of competent jurisdiction.
(B) Municipal civil infraction. The words MUNICIPAL CIVIL INFRACTION mean an act or omission that is prohibited by this Code or any ordinance of the city, but which is not a crime under this Code or other ordinance, and for which civil sanctions, including, without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Public Act 236 of 1961, Chapter 87, being M.C.L.A. § 600.8727, as amended. A municipal civil infraction is not a lesser, included offense of a violation of this Code that is a criminal offense.
(1) 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 236 of 1961, Chapter 87, being M.C.L.A. § 600.8727, as amended, and other applicable laws.
(a) 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, plus costs and other sanctions, for each infraction.
(b) 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) municipal civil infraction violation of the same requirements or provision: committed by a person within any 6 month period (unless some other period is specifically provided by this code or any ordinance); and, 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 municipal civil infraction violation, the increased fine for a repeat offense shall be as follows:
1. The fine for any offense which is a first repeat offense shall be no less than $150, plus costs;
2. The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $300, plus costs.
(2) A
VIOLATION includes any act which is prohibited or 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.
(3) 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.
(4) In addition to any remedies available at law, the city 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 city ordinance.
(C) When the performance of any act is prohibited by this Code or any other ordinance of the city, and no penalty for the violation of the Code or other ordinance is imposed, either in a section of the ordinance or a portion of the Code, the doing of such act shall be deemed a misdemeanor.
(1993 Code, § 1-17) (Ord. passed 6-12-1995(1))