(A) Municipal civil infractions.
(1) Violation; municipal civil infraction. Except as provided by division (B) below, and notwithstanding any other provision of the village’s laws, ordinances, and regulations to the contrary, a person who violates any provision of this chapter (including, without limitation, any notice, order, permit, decision, or determination promulgated, issued, or made by the POTW under this chapter) is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000 per day for each infraction and not more than $10,000 per day for each infraction, plus costs and other sanctions.
(2) Repeat offenses; increased fines. Increased fines may be imposed for repeat offenses. As used in this section, REPEAT OFFENSE means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this chapter: committed by a person within any 90-day period; and for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this chapter shall be as follows:
(a) The fine for any offense that is a first repeat offense shall be a minimum of $1,500, plus costs; and
(b) The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be a minimum of $3,000, plus costs.
(3) Amount of fines. Subject to the minimum fine amounts specified in this division (A) and division (B) below, the following factors shall be considered by the court in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this chapter: the type, nature, severity, frequency, duration, preventability, potential and actual effect, and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator’s recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.
(4) Authorized local official. Notwithstanding any other provision of the village’s laws, ordinances, and regulations to the contrary, the following persons are designated as the authorized local officials to issue municipal civil infraction citations directing alleged violators to appear in district court for violations of this chapter (or, if applicable, to issue municipal civil infraction notices directing alleged violators to appear at a municipal ordinance violations bureau): the POTW Manager and the POTW Manager’s designees; any sworn law enforcement officer; and any other persons so designated by the village.
(5) Other requirements and procedures. Except as otherwise provided by this section, the requirements and procedures for the following shall be as set forth in Public Act 236 of 1961, as amended: commencing municipal civil infraction actions; issuance and service of municipal civil infraction citations; determination and collection of court-ordered fines, costs, and expenses; appearances and payment of fines and costs; failure to answer, appear, or pay fines; disposition of fines, costs, and expenses paid; and other matters regarding municipal civil infractions.
(B) Criminal penalties; imprisonment. Any person who does any of the following shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500 per violation, per day, or imprisonment for up to 90 days, or both in the discretion of the court: at the time of a violation knew or should have known that a pollutant or substance was discharged contrary to any provision of this chapter, or contrary to any notice, order, permit, decision, or determination promulgated, issued, or made by the POTW under this chapter; intentionally makes a false statement, representation, or certification in an application for, or form pertaining to, a permit, or in a notice, report, or record required by this chapter, or in any other correspondence or communication, written or oral, with the POTW regarding matters regulated by this chapter; intentionally falsifies, tampers with, or renders inaccurate any sampling or monitoring device or record required to be maintained by this chapter; or commits any other act that is punishable under state law by imprisonment for more than 90 days.
(C) Continuing violation. Each act of violation, and each day or portion of a day that a violation of this chapter (or of any permit, order, notice, or agreement issued or entered into under this chapter) exists or occurs, constitutes a separate violation subject to the fines, penalties, and other sanctions and remedies as provided by this chapter.
(D) Damage to POTW equipment. It is a misdemeanor for any person to maliciously or willfully break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment that is part of the POTW. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct, and shall be subject to other sanctions and remedies as provided by this chapter including, but not limited to, reimbursement of the POTW as provided by § 53.307.
(Ord. 2009-5, passed 7-20-2009)