§ 1-7. General penalties and sanctions for violations of Code and city ordinances; continuing violations; injunctive relief.

(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 in addition to cost 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; provided, however that any violation of this Code that is a misdemeanor 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 punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or 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 costs, damages, expenses and other sanctions, as authorized under chapter 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 $25.00, 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 provision:

a.

Committed by a person within any six-month period (unless some other period is specifically provided by this Code or any ordinance); and

b.

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:

1.

The fine for any offense which is a first repeat offense shall be no less than $50.00, or twice the amount specified for a particular offense, plus costs, whichever is greater.

2.

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $100.00, plus costs, or four times the amount specified for a first offense, plus costs, whichever is greater.

(d)

In all prosecutions for misdemeanors, if the defendant has been found guilty upon verdict or plea and the court determines that the defendant is not likely again to engage in an offensive or criminal course of conduct and that the public good does not require that the defendant suffer the penalty imposed by law, the court may place the defendant on probation under the charge and supervision of a probation officer. In an action in which the court may place the defendant on probation, the court may delay sentencing the defendant for not more than one year to give the defendant an opportunity to prove to the court his eligibility for probation or other leniency compatible with the ends of justice and the defendant's rehabilitation, such as participation in a drug treatment court under chapter 10a of the Revised Judicature Act of 1961 (MCL 600.1060 et seq.). When sentencing is delayed, the court shall enter an order stating the reason for the delay upon the court's records. The delay in passing sentence does not deprive the court of jurisdiction to sentence the defendant at any time during the period of delay. This section does not apply to a juvenile placed on probation and committed to an institution or agency described in the Youth Rehabilitation Services Act (MCL 803.301 et seq.).

(e)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Violation. The term "violation" includes any act prohibited or made or declared to be unlawful or any offense by this Code or ordinance; and any omission or failure to act where the act is required by this Code or any ordinance.

(f)

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.

(g)

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.

(Code 1969, § 1.12; Code 1977, § 1-7; Ord. No. 246, 8-10-1998; Ord. No. 314, § 1, 2-13-2006)

State law reference

Limitation on penalties, MCL 117.4i; authority to make violations municipal civil infractions, MCL 117.4l; municipal civil infractions, MCL 600.8701 et seq.