(A) 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) The penalty for a misdemeanor violation shall be a fine not exceeding $500 (plus costs of prosecution), imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for the violation of this code or any ordinance.
(C) The sanction for a violation which is a municipal civil infraction, or provides for another sanction, 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, as amended, being M.C.L.A. §§ 600.8701 et seq., and other applicable laws.
(1) 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.
(2) (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 fine for a repeat offense shall be as follows:
1. The fine for any offense which is a second offense shall be no less than $100, plus costs;
2. The fine for any offense which is a third offense shall be no less than $250, plus costs;
3. The fine for any offense which is a fourth offense or any subsequent repeat offense or any thereafter shall be no less than $500, plus costs.
(D) A
VIOLATION includes any act which is prohibited or made or declared to be unlawful or an offense by this code or any ordinance; or any omission or failure to act where the act is required by this code or any ordinance.
(E) 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.
(F) 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.
(Ord. 499, passed 9-10-2001)
Cross-reference:
Municipal civil infractions, see Chapter 36