§ 61.006. General Penalties and Sanctions for Violations of Township Ordinances; Continuing Violations; Injunctive Relief.  


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  • Sec. 6.

    A.

    Unless a violation of an ordinance of the Pavilion Township is specifically designated in the ordinance as a municipal civil infraction, the violation shall be deemed to be a criminal misdemeanor.

    B.

    The penalty for a misdemeanor violation shall be a fine not exceeding $500.00 (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.

    C.

    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 1961 PA 236, as amended, 1994 PA 12-26, as amended, and other applicable laws.

    I.

    Unless otherwise specifically provided for a particular municipal civil infraction violation by an ordinance (or if the ordinance involved is silent, as set by the Township Board by resolution), the civil fine for a municipal civil infraction violation shall be not less than $100.00, plus costs and other sanctions, for each infraction.

    ii.

    Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of an ordinance. As used in this Ordinance, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or ordinance (I) committed by the same person for the same property 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:

    (a)

    The fine for any offense which is a first repeat offense shall be not less than $100.00, plus costs.

    (b)

    The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $200.00, plus costs.

    D.

    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.

    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.

    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.

(Ord. No. 154, 5-9-16)