ARTICLE XVIII
VIOLATIONS AND PENALTIES
SECTION 18.1. TOWNSHIP MUNICIPAL CIVIL INFRACTION
The words "municipal civil infraction" mean an act or omission that is prohibited by this Ordinance or any ordinance of the Township, but which is not a crime under this Ordinance or other ordinance, and for which civil sanctions, including, without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended. A municipal civil infraction is not a lesser included offense of a violation of this Ordinance than it is a criminal offense.
SECTION 18.02 PENALTIES
A. Unless a violation of this Ordinance is specifically designated in this Ordinance as a municipal civil infraction, the violation shall be deemed to be 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 Ordinance.
C. The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by this Ordinance, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended, and other applicable laws.
1. Unless otherwise specifically provided for a particular municipal civil infraction violation by this 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 Ordinance. As used in this Section, "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 6 month period (unless some other period is specifically provided by this Ordinance) and
b. for which the person admits responsibility or is determined to be responsible.
3. Unless otherwise specifically provided by this 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 not less than $250.00, plus costs.
b. The fines for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $500.00, plus costs.
D. A "violation" includes any act which is prohibited or made or declared to be unlawful or an offense by this Ordinance; any omission or failure to act where the act is required by this Ordinance.
E. Each day on which any violation of the Ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
F. In addition to any remedies available at law, the Township may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of this Ordinance.
SECTION 18.03 NUISANCE PER SE
Use of land, dwellings, buildings, or structures including tents and trailer coaches, used, erected, altered, razed or converted in violation of any provision of this Ordinance, are hereby declared to be a nuisance per se. The court shall order such nuisance abated and the owner and/or agent in charge of such dwelling, building, structure, tent, trailer coach or land shall be adjudged guilty of maintaining a nuisance per se. Costs of abating such nuisance shall become a lien upon the land.