§ 1-7. General penalty; continuing violations.

(a)

In this section, the term "violation of this Code" or "violation of a provision of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, or a violation by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, or a violation or by ordinance or by rule or regulation authorized by ordinance.

(b)

The terms "violation of this Code" and "violation of a provision of this Code" include a violation of any provision of this Code that is made or declared to be a misdemeanor, civil infraction or municipal civil infraction.

(c)

In this section, the term "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(d)

The provisions of the subsection do not apply to violations of this Code that are a misdemeanor. Except as otherwise provided by state law or the city, each violation of this Code is a municipal civil infraction. Except as otherwise provided in this Code or by ordinance:

(1)

A person who commits the first violation of a provision of the Code that is a municipal civil infraction is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $50.00 plus costs.

(2)

A person who commits the second violation of a provision of this Code that is a municipal civil infraction is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $100.00 plus costs.

(3)

A person who commits the second violation of a provision of this Code that is a municipal civil infraction is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $250.00 plus costs.

(4)

A person who commits the second violation of a provision of this Code that is a municipal civil infraction is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $500.00 plus costs.

(e)

Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code that is a misdemeanor shall be punished by a fine not to exceed $500.00, and costs of prosecution or by imprisonment for a period of not more than 90 days, or by both such fine and imprisonment; provided, however, unless otherwise provided by law, a person convicted of a violation of any provision of this Code that substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days shall be punished by a fine of not more than $500.00, imprisonment for a term of not more than 93 days, or both. A person convicted of a violation of this Code shall be responsible for costs.

(f)

Except as otherwise provided by law or ordinance:

(1)

With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.

(2)

With respect to other violations, each violation constitutes a separate offense.

(g)

The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(h)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief or civil or quasijudicial enforcement.

(Ord. No. 251, § 8.5, 3-14-1995; Ord. No. 295, § 1, 6-11-1996; Ord. No. 420, § 1, 3-13-2014)

State law reference

Penalty for ordinance violations, MCL 117.4(10), 117.4l; municipal civil infractions, MCL 117.4l, 600.8701 et seq.