§ 1-14. Penalty.

(a)

Unless a violation of this Code or any ordinance of the city is specifically designated in the Code or ordinance as a municipal civil infraction, the violation shall be deemed a misdemeanor.

(b)

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 this Code or any ordinance. However, unless otherwise provided by law, a person convicted of a violation of this Code which substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days, is punishable by a fine not to exceed $500.00 and costs of prosecution, or by imprisonment for a period of not more than 93 days, or by both such fine and imprisonment.

(c)

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 costs, damages, expenses and other sanctions, as authorized under ch. 87 of Public Act No. 236 of 1961 (MCL 600.8701 et seq.), 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, 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 term "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provisions (i) committed by a person within any six-month period (unless some other period is specifically provided by this Code or any ordinance) and (ii) for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this Code or any ordinance for a particular municipal civil infraction violation, the increased fine for a repeat offense shall be as follows:

a.

The fine for any offense which is a first repeat offense shall be no less 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 $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 and 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.

The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this Code whether or not such penalty is reenacted in the amendatory ordinance.

(Prior Code, § 1.12; Ord. No. 95-21, 8-7-1995)