§ 1-18. Penalty provision/exceptions.

(a)

Subject to the exceptions contained within subsection (d), unless another penalty is expressly provided by this Code for any particular provision or section, every person convicted of a violation of any provision of this Code, or any rule, regulation, or order adopted or issued in pursuance thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) and costs of prosecution or by imprisonment for not more than ninety (90) days, or both such fine, costs and imprisonment in the discretion of the court. Costs of prosecution as used herein shall include but not necessarily be limited to reasonable attorney fees, witness fees and expenses, police officer costs and expenses, city employees' costs and expenses, and any other cost or expense incurred by the city in prosecuting the violation. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.

(b)

The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this Code whether or not such penalty is reenacted in the amendatory ordinance.

(c)

The penalty shall be in addition to the abatement of the violating condition, any injunctive relief, or revocation of any permit or license.

(d)

The penalty for a violation of section 18-56 (assault, or assault and battery); section 18-56.1 (domestic assault); section 18-81 (larceny); section 18-83 (malicious destruction of property); section 625(l)(a) of the Motor Vehicle Code as adopted by section 25-26 of this Code (OWI-operating under influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor or a controlled substance; section 625(3) of the Motor Vehicle Code as adopted by section 25-26 of this Code (impaired driving); and section 904 of the Motor Vehicle Code as adopted by section 25-26 of this Code (DWLS-driving while license suspended) shall be a term of ninety-three (93) days in jail or a fine of five hundred dollars ($500.00) or both, as determined by the court. The penalty for a violation of section 625(1)(c) of the Motor Vehicle Code as adopted by section 25-26 of this Code (0.17 percent or more blood alcohol content) shall be punishable by one or more of the following: Community service for not more than three hundred sixty (360) hours, imprisonment for not more than one hundred eighty (180) days, or a fine of not less than two hundred dollars ($200.00) or more than seven hundred dollars ($700.00). The penalty for a violation of section 18-82 (trespass) shall be a term of thirty (30) days in jail or a fine of two hundred fifty dollars ($250.00), or both, as determined by the court.

(e)

Notwithstanding any other provision of this act, a person responsible for a moving violation, whether a misdemeanor or civil infraction, in a construction zone, at an emergency scene, or in a school zone during the period beginning thirty (30) minutes before school in the morning and through thirty (30) minutes after school in the afternoon, is subject to a fine that is double the ordinary fine otherwise prescribed for that moving violation. No fine under this section may exceed an amount that can lawfully be levied by a court.

(Code 1977, § 1.13; Ord. No. 99-20, § 1, 10-19-99; Ord. No. 2012.11, § 1, 5-22-12)

State law reference

Limitation on penalties, MCL 117.4i.

Editor's note

It should be noted that Ord. No. 2000.2, adopted on April 11, 2000 repealed section 25-28 referenced above in section 1-18(d).