(a) General Code Penalty; Municipal Civil Infractions.
(1) Unless a violation of these Codified Ordinances or any other ordinance of the City is specifically designated in these Codified Ordinances or any other ordinance as a Municipal civil infraction, the violation shall be deemed to be a misdemeanor.
(2) The penalty for a misdemeanor violation shall be a fine not exceeding five hundred dollars ($500.00) (plus costs of prosecution), or imprisonment not exceeding ninety days, or both, unless a specific penalty is otherwise provided for the violation by these Codified Ordinances or any other ordinance.
(3) The sanction for a violation which is a Municipal civil infraction shall be a civil fine in the amount as provided by these Codified Ordinances or any other ordinance, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of Act 236 of the Public Acts of 1961, as amended, and other applicable laws.
A. Unless otherwise specifically provided by these Codified Ordinances or any other ordinance for a particular Municipal civil infraction violation, the civil fine for a violation shall be not less than fifty dollars ($50.00), 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 these Codified Ordinances or any other ordinance. As used in this section, "repeat offense" means a second (or any subsequent) Municipal civil infraction violation of the same requirement or provision committed by a person within any six-month period (unless some other period is specifically provided by these Codified Ordinances or any other ordinance) and for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by these Codified Ordinances or any other 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 one hundred fifty dollars ($150.00), plus costs.
2. The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than two hundred fifty dollars ($250.00), plus costs.
(4) A violation includes any act which is prohibited, or made or declared to be unlawful or an offense, by these Codified Ordinances or any other ordinance, and any omission or failure to act where the act is required by these Codified Ordinances or any other ordinance.
(5) A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(6) 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 these Codified Ordinances or any other ordinance.
(Ord. 176. Passed 4-25-95.)
(b) Surcharges; Equitable Remedies. The imposition of any penalty provided for in this section shall be in addition to any surcharge levied for a violation of or noncompliance with a provision of these Codified Ordinances, or a provision of a technical or other code adopted by reference in these Codified Ordinances, or a rule, regulation or order promulgated or made under authority of either, or under authority of State law, and shall be in addition to any equitable remedy provided by a provision of these Codified Ordinances, or a provision of a technical or other code adopted by reference in these Codified Ordinances, or a rule, regulation or order promulgated or made under authority of either, or provided by State law, or a rule, regulation or order promulgated or made under authority of State law, including the enforced removal of prohibited conditions.
(c) Complicity. Every person concerned in the commission of an offense under these Codified Ordinances, whether he or she directly commits the act constituting the offense or procures, counsels, aids or abets in its commission, may be prosecuted, indicted, tried and on conviction shall be punished as if he or she had directly committed such offense.