(A) Unless a violation of this Code of Ordinances or any ordinance of the village is specifically designated as a municipal civil infraction, the violation shall be deemed to be a misdemeanor. It shall also be a misdemeanor for any person who makes a knowing false statement, representation or certification in an application, report, record or plan or other document filed or required to be maintained pursuant to an ordinance; or willfully continues or violates an ordinance after suspension or revocation of a permit authorized under this chapter, other ordinances or state law.
(B) The penalty of a misdemeanor violation shall be a fine not exceeding $500 (plus costs of prosecution), or imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for the violation by this chapter or any ordinance. Each act of violation and every day upon which such violation shall occur or continue shall constitute a separate offense.
(C) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by this chapter or any ordinance, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of Public Act 236 of 1961 (M.C.L.A. § 600.8701 et seq.), and other applicable laws. Municipal civil infractions shall be subject to the enforcement procedures as set forth below in § 11.04.
(1) Unless otherwise specifically provided for a particular municipal civil infraction violation by this chapter 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.
(2) Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this chapter or any ordinance. As used in this section, the term REPEAT OFFENSE means a second (or any subsequent) municipal civil infraction violation of the same requirement or provisions committed by a person within any 12-month period (unless some other period is specifically provided by this chapter or any ordinance) and for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this chapter or any ordinance for a particular municipal 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 $250, 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.
(c) Repeat offenses are determined on the basis of the date of the commission of the offenses.
(d) The judge or magistrate shall be authorized to reduce a fine upon a determination of extraordinary circumstances.
(e) The judge or magistrate shall also be authorized to impose costs, damages and expenses as provided by law.
(f) In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the judge or magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation of this chapter or any village ordinance.
(D) In addition to any penalties provided for in this chapter, any equitable or other remedies available may be sought.
(Ord. 7 09-05, passed 9-12-2005)