(a) A violation of this chapter shall be punishable as a misdemeanor, except as otherwise provided herein.
(b) Except in cases where a different punishment is specifically prescribed elsewhere in this chapter, every misdemeanor offense is punishable by imprisonment in the city or county jail for a period not exceeding six months or by fine not exceeding $1,000, or by both; provided, that where the Warren Municipal Prosecutor determines that such action would be in the interest of justice, the Warren Municipal Prosecutor may specify in the accusatory pleadings that the offense shall be an infraction.
(c) (1) Except as otherwise prescribed elsewhere in this chapter, every offense specifically declared to be an infraction is punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional infractional violation of the same provision within one year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, his own recognizance, or a deposit of bail. However, any person who has previously been convicted two or more times during any 12-month period for any crime made punishable as an infraction shall be charged guilty of a misdemeanor upon the third violation.
(2) Payment of any penalty herein provided shall not relieve a person, firm, corporation, or any other entity from the responsibility of correcting the condition resulting from the violation. In addition to the above penalties, the court may order that the guilty party reimburse the city for all of its costs of investigating, analysis and prosecuting the enforcement action against the guilty party; the court shall fix the amount of any such reimbursement upon submission of proof of such cost by the City of Warren.
(d) These provisions are not intended to and shall not limit the City of Warren's right or ability to seek civil action to enforce this chapter, and all remedies sought by the City of Warren shall be cumulative and nonexclusive.
(Ord. 12464/13. Passed 3-27-13.)