(A) General. Any person who violates any of the provisions of this chapter, or who fails to comply with any of its terms, or who violates or fails to comply with any order made thereunder, or who fails to comply with any permit or certificate issued thereunder, shall be guilty of a misdemeanor or municipal civil infraction, as determined within the township's discretion. Upon notice of a violation, the appropriate township employee shall investigate any violation and then make a determination as to whether the penalty shall be imposed. The imposition of a penalty for a violation shall not excuse the violation or be considered a permit to allow the violation to continue. Each day that a prohibited condition is maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited condition(s) or the obtaining of injunctive or other civil relief. Any person who is convicted of a misdemeanor under this section shall be subject to punishment by a fine of not more than $500, or imprisonment for not more than 90 days, or both. If instead a municipal civil infraction is imposed, the penalty shall be a fine not to exceed $100. The Township Supervisor, or his or her designated agent, is hereby authorized to write and serve municipal civil infraction tickets. This municipal civil infraction ticket shall serve as notice of the alleged violation. Proceedings for the municipal civil infraction shall proceed as provided in the Township Municipal Civil Infractions Ordinance.
(B) Additional remedies. Any violation of this chapter shall constitute a nuisance per se, and the Township Board of Trustees, its agents or attorneys, may take action in any court of competent jurisdiction to cause the abatement of such nuisance, and may seek redress for any expenses incurred by the township in extinguishing a fire resulting from violation of this chapter. These remedies are in addition to those set forth in division (A) above.
(C) Violations of fireworks regulations.
(1) A violation of the regulations in § 92.43 dealing with display fireworks shall constitute a misdemeanor. Any person who is convicted of a misdemeanor under this section shall be subject to punishment by a fine not exceeding $500, or by imprisonment not exceeding 90 days for each offense, or both, at the discretion of the court. Each day a violation occurs or continues shall constitute a separate offense.
(2) A violation of the regulations in § 92.42 dealing with consumer fireworks shall constitute a municipal civil infraction, whereupon the penalty shall be a fine not to exceed $500. Upon notice of a violation, the appropriate township employee shall investigate any violation and then make a determination as to whether the penalty shall be imposed. The Township Supervisor, or his or her designated agent, is hereby authorized to write and serve municipal civil infraction tickets. This municipal civil infraction ticket shall serve as notice of the alleged violation. Proceedings for the municipal civil infraction shall proceed as provided in the Township Municipal Civil Infractions Ordinance. The imposition of a municipal civil infraction fine for any violation shall not excuse the violation or permit it to continue. Further violations subject the applicant, or person or persons, agent, firm or corporation to subsequent municipal civil infraction violations.
(3) The imposition of any sentence shall not exempt the offense from compliance with the requirements of §§ 92.40 et seq.
(Ord. 41, passed 10-1-2002; Ord. passed 8-5-2003; Ord. 58, passed 8-13-2014; Ord. passed 6-14-2017)