416.99  PENALTY.
   (a)   General Penalty.  Except when specifically designated as a civil infraction or a Municipal civil infraction, whenever, in these Codified Ordinances, or in any technical or other code adopted by reference in these Codified Ordinances, or in any rule, regulation or order promulgated or made under authority of any provision of these Codified Ordinances, or under authority of any technical or other code adopted by reference in these Codified Ordinance, or under authority of State law, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates or fails to comply with any such provision shall be fined not more than five hundred dollars ($500.00), including costs of prosecution, or imprisoned not more than ninety days, or both, for each offense.  The court shall also have the power to place the person convicted on probation as permitted by State law, specifically, but not limited to, the terms set forth in M.C.L.A. 771.2 and 771.3.  A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues, unless otherwise provided.
      (1)   Except as provided in sections substantially corresponding to M.C.L.A. 480.17, 480.17b, 480.17c, 480.21 as amended by 1995 PA 265 and by the 1990 PA 339, and as may hereafter be amended by the state legislature except as provided in said sections.
      (2)   Except as provided in Section 7b, 7c and 7d, any person, diver, or operator who violates this act, or an owner or user of a bus, truck, truck tractor, or trailer, or certain other motor vehicles or an officer or agent of an individual, partnership, corporation or association or their lessees or receivers appointed by a court that is the owner or user of a vehicle, who requires or permits the driver or operator to operate or drive a bus, truck, truck trailer or trailer or certain other motor vehicles in violation of this act or a rule promulgated under this act, is responsible for a civil infraction and may be ordered to pay a fine of not more than two hundred fifty dollars ($250.00) for each violation.
         A peace officer or an officer of the motor carrier division of the Department of State Police, upon reasonable cause to believe that a motor vehicle is being operated in violation of this act or a rule promulgated under this act, may stop the motor vehicle and inspect the motor vehicle.  If a violation is found, the officer may issue a notice to appear for that violation.  If a motor vehicle is inspected by breaking the load seal, then the peace officer shall give the driver a signed receipt of inspection and the peace officer shall be responsible for reapplying a Michigan Department of Transportation seal.
         A.   A driver or operator or an owner or user of any bus, truck, truck tractor, or trailer or certain other motor vehicle or any officer or agent of an individual, partnership, corporation, or association or their lessees or receivers appointed by any court that is the owner or user of any vehicle, who requires or permits the driver or operator to operate a vehicle with a serious safety defect is subject to a civil fine of not more than three hundred dollars ($300.00) for each violation.  A fine ordered to be paid by the district court under the subsection shall be paid to the County Treasurer and applied for library purposes as provided by law.  A fine order to be paid by a municipal court shall be paid to the Treasurer of the political subdivision whose ordinance is violated.
         B.   As used in this section, “serious safety defect” means a violation of this act or a rule promulgated pursuant to this act relative to brakes, tires, steering, coupling devices, headlights, taillights, brake lights, and turn signals that result in the vehicle's being placed out of service.
         C.   A driver or operator or owner or user of a bus, truck, truck tractor, or trailer, or certain other motor vehicles, or an officer or agent of an individual, partnership, corporation, or association or their lessees or receiver appointed by a court that is the owner or user of a vehicle, who requires or permits the driver or operator to operate or drive a bus, truck, truck tractor, or trailer, or certain other motor vehicles, that violates this act or a rule promulgated under this act if the vehicle is transporting a package required to be marked or labeled under 49 C.F.R. parts 100 to 180, upon conviction, is punishable by a fine of not more than five hundred dollars ($500.00) for each violation.
         D.   An officer, employee, owner, or agent of an individual, partnership, corporation, or association, or their lessees or receiver appointed by a court that is the owner or user of any hazardous materials vehicle inspection or repair facility that violates a section of this act, or a rule promulgated under this act, related to the transportation of hazardous materials, is guilty of a misdemeanor punishable as prescribed in this section.
   (b)   The owner or operator of a commercial motor vehicle shall not be issued more than one citation for each violation of a code or ordinance regulating the operation of a commercial motor vehicle and substantially corresponding to a provision of Section 683 to 725A of the Michigan Vehicle Code, 1949 PA 300, M.C.L.A. 257.683 to 257.725a, within a twenty-four hour period.  If the owner or operator of a commercial motor vehicle is issued a citation or an equipment violation that does not result in the vehicle being placed out of service, the court shall dismiss the citation if the owner or operator of that commercial motor vehicle provides written proof to the court within fourteen days after the citation is issued showing that the defective equipment indicated in the citation has been repaired.
   (c)   A person found guilty or responsible for a violation that substantially complies  to M.C.L.A. 480.17 or its corresponding ordinance or a section of this Code that substantially corresponds thereto shall be fined, incarcerated, or otherwise penalized only in such a manner as is consistent with the penalties provided for violations of M.C.L.A. 480.17, as may be from time to time amended.  It is the intent of this section to correspond to penalties that correspond with the penalties that exist in M.C.L.A. as they exist at the time of adoption of this section, as they may be amended from time to time by the State legislature for the State of Michigan.
   (d)   For all other violations, see Section 202.99 for the general Code penalty.
(Ord. 2000-18.  Passed 8-1-00.)