§ 91.99 PENALTY.

   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.

   (B)   Any person, firm or corporation found violating any of the provisions of §§ 91.20 through 91.24 shall, upon conviction, be responsible for a civil infraction and subject to a penalty not to exceed $500 plus court costs. Each day that a violation shall continue shall constitute a separate offense. The provisions of §§ 91.20 through 91.24 may also be enforced by suit for injunction, damages or other appropriate legal action.

   (C)   (1)   Any violation of §§ 91.40 through 91.47 shall be a municipal civil infraction, subject to payment of a civil fine of not less than $50, plus applicable costs and other sanctions for each violation as authorized by § 21 of Public Act 359 of 1947, as amended and the Bridgman Municipal Ordinance Violations Bureau Ordinance.

      (2)   (a)   Repeat offenses under §§ 91.40 through 91.47 shall be subject to increased fines as provided by this division (C). As used in this division (C), REPEAT OFFENSE means a second (or any subsequent) violation of the same requirement or provision of §§ 91.40 through 91.47 within any three- year period for which the person admits responsibility or is determined to be responsible.

         (b)   The increased fine for a repeat offense under §§ 91.40 through 91.47 shall be as follows:

            1.   The fine for any offense which is a first repeat offense shall be not less than $125 plus costs;

            2.   The fine for any offense which is a second repeat offense shall be not less than $250 plus costs; and

            3.   The fine for any offense which is a third repeat or any subsequent repeat offense, shall be not less than $400 each plus costs.

      (3)   Each day on which any violation of §§ 91.40 through 91.47 occurs or continues, constitutes a separate offense subject to separate sanctions.

      (4)   If there is any evidence of retaliation by any offender against any complainant or witness, such evidence shall be communicated to the District Court. In sentencing any violator, the District Court or magistrate shall first examine the evidence of retaliation, and if such be shown, shall consider such acts, including the amount of property damage, and sentence the violator accordingly, which sentence may include restitution for any damage.

(Ord. 4A, passed 7-7-1987; Ord. 4, passed 6-2-1998; Ord. 35, passed 4-2-2019)