§ 1-15. General penalty.

(a)

Misdemeanors. Unless a violation of this Code or any ordinance of the city is specifically designated in this Code or ordinance as a municipal civil infraction, the violation shall be deemed to be a misdemeanor. The penalty for a misdemeanor violation shall be a fine not exceeding $500.00 (plus costs of prosecution), or imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for the violation by the court or an ordinance.

(b)

Municipal civil infractions. The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by this Code or any ordinance, plus any cost, damages, expenses and other sanctions, as authorized under chapter 87 of Act No. 236 of the Public Acts of Michigan of 1961 (MCL 600.101 et seq.), as amended, 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 $50.00 nor more than $500.00, plus costs and other sanctions, for each infraction.

(2)

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, the expression "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision committed by a person within any six-month period (unless some other is specifically provided by this Code or any ordinance); or for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this Code or any ordinance where a particular municipal civil infraction violation occurs, the increased fine for repeat offense should be as follows:

a.

The fine for any offense which is a first repeat offense shall be no less than $150.00 nor more than $250.00, plus costs.

b.

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $250.00 nor more than $500.00, plus costs.

c.

A violation includes any act which is prohibited or made or declared to be unlawful or an offense by this Code or any ordinance; any omission or failure to act where the act is required by this Code or any ordinance.

d.

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.

e.

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. of 4-17-95(14), § 1-112)