[Adopted 3-22-1995 by Ord. No. 7-1995 (Part 5 of the 1991
Compilation of Ordinances)]
For purposes of this article, the words "municipal civil infraction"
shall mean an act or omission that is prohibited by an ordinance of
the Charter Township of Cascade, but which is not a crime under the
particular ordinance involved, 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, and Public Acts 12-26 of 1994, as amended.[1] A municipal civil infraction is not a lesser included
offense of a violation of a Township ordinance that is a criminal
offense.
[1]
Editor's Note: See MCLA § 600.8701 et seq.
A.Â
Unless a violation of an ordinance of the Charter Township of Cascade
or this Code is specifically designated in the ordinance as a municipal
civil infraction, the violation shall be deemed to be a criminal misdemeanor.[1]
B.Â
The penalty for a misdemeanor violation shall be a fine not exceeding
$500 (plus costs of prosecution) or imprisonment not exceeding 93
days, or both, unless a specific penalty is otherwise provided for
the violation by the ordinance involved.[2]
C.Â
The sanction for a violation which is a municipal civil infraction
shall be a civil fine in the amount as provided by the ordinances
involved, 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, Public Acts 12-26 of 1994, as amended,[3] and other applicable laws.
(1)Â
Unless otherwise specifically provided for a particular municipal
civil infraction violation by an ordinance, the civil fine for a municipal
civil infraction violation shall be not less than $50, plus costs
and other sanctions, for each infraction.
(2)Â
Increased civil fines may be imposed for repeated violations by a
person of any requirement or provision of an ordinance. As used in
this article, "repeat offense" means a second (or any subsequent)
municipal civil infraction violation of the same requirement or ordinance:
i) committed by a person within any twelve-month period (unless some
other period is specifically provided by an ordinance); and ii) for
which the person admits responsibility or is determined to be responsible.
Unless otherwise specifically provided by an ordinance for a particular
municipal civil infraction violation, the increased fine for a repeat
offense shall be as follows:
[3]
Editor's Note: See MCLA § 600.8701 et seq.
D.Â
A violation includes any act which is prohibited or made or declared
to be unlawful or an offense by an ordinance and any omission or failure
to act where the act is required by an ordinance.
E.Â
Each day on which any violation of an ordinance continues constitutes
a separate offense and shall be subject to penalties or sanctions
as a separate offense.
F.Â
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 any Township ordinance.
Persons chargeable with a violation of an ordinance and subject
to being responsible for a municipal civil infraction may include
the following:
A.Â
The owner, agent, lessee, tenant, contractor or any other person
using or having control or possession of the land, building or premises
where such violation has been committed or shall exist;
B.Â
Any person who knowingly commits, aids and abets, takes part or assists
in any such violation; or
C.Â
Any person who owns or maintains any land, building, or premises
on which such violation shall exist.
