§ 1-7. General penalty; continuing violations.

(a)

In this section the term "violation of this Code" means any of the following:

(1)

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

(b)

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.

(c)

Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished by a fine not to exceed $500.00 or by imprisonment for a period of not more than 90 days or by both such fine and imprisonment. A person convicted of a misdemeanor violation of this Code shall pay the costs of prosecution. Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense. As to other violations, each violation constitutes a separate offense.

(d)

Subsection (c) of this section does not apply to violations of this Code that are municipal civil infractions.

(e)

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

(f)

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.

(Code 1991, art. I, ch. 3, §§ 101—103)

State law reference

Penalty for ordinance violations, MCL 117.4(10), MSA 5.2082, (10); municipal civil infractions, MCL 117.4e, 600.971 et seq., MSA 5.2083(2), 27A.8701 et seq.

Charter reference

Penalties for violations of ordinances, § 7.5.