(A) Generally. Unless a violation of this code or any ordinance of the city is specifically designated in the code or ordinance as a municipal civil infraction, the violation shall be deemed to be a misdemeanor.
(B) Misdemeanors. The penalty for a misdemeanor violation shall be a fine not exceeding $500, or imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for the violation of this code or any ordinance.
(C) Motor vehicle code penalties. The penalties provided by the Michigan Vehicle Code, Public Act 300 of 1949, being §§ 257.1 et seq. are adopted by reference, provided however, that the city may not enforce any provision of the Motor Vehicle Code for which the maximum period of imprisonment is greater than 93 days.
(D) Municipal civil infractions.
(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 Chapter 87 of the Revised Judicature Act, Public Act 236 of 1961, being M.C.L. §§ 600.8701 et seq., as amended, and other applicable laws.
(2) Unless otherwise specifically provided for a particular municipal civil infraction violation by this code or any ordinance, the civil fines for violations are set forth in Ch. 37.
(3) (a) 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 requirement or provision:
1. Committed by a person within any six-month period, unless some other period is specifically provided by this code or any ordinance; and
2. For which the person admits responsibility or is determined to be responsible.
(b) Unless otherwise specifically provided by this code or any ordinance for a particular municipal civil infraction violation, the increased fines are set forth in Ch. 37 of this code.
(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 ordinance.
(E) Definition. 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.
(F) Continuing violations. 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.
(Prior Code, § 30.99) (Ord. D-1086, passed 10-29-1973, effective 11-8-1973; Ord. D-1776, passed 9-30-1996, effective 11-11-1996)
Cross-reference:
Incorporation of state violations, see § 31.01
Responsibility for violations, see § 31.02