§ 1-26. Municipal civil infraction.

(a)

The words "municipal civil infraction" mean an act or omission that is prohibited by this Code or any ordinance or code of the city and specifically designated as a municipal civil infraction or "civil infraction", but which is not a crime under this Code or any other ordinance or code, and for which civil sanctions, including, without limitation, fines, damages, expenses and costs, may be ordered as authorized by chapter 87 of Act 236 of the Public Acts of 1961, as amended. A municipal civil infraction is not a lesser included offense of a violation of this Code that is a criminal offense.

(b)

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

(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 or code plus any costs, damages, expenses, and other sanctions as authorized by chapter 87 of Act 236 of the Public Acts of 1961, as amended and other applicable laws.

(d)

Unless otherwise specifically provided for by a particular municipal civil infraction violation of this Code or any other ordinance or code, the civil fine for a violation shall not be more than $500.00 plus costs and other sanctions for each infraction and may include all expenses, direct and indirect, which the city has incurred regarding the municipal civil infraction. Except as otherwise provided by law, costs shall be payable to the general fund of the city. In addition to ordering a defendant to pay a civil fine and costs, the court may issue and enforce any judgment, writ or order necessary to enforce this Code or any ordinance or code of the city.

(e)

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.

(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.

(Ord. No. 02-319, § 1, 2-18-2002)