ORDINANCE NO. 552 MUNICIPAL CIVIL INFRACTION ORDINANCE AMENDMENT AN ORDINANCE to amend the Code of Ordinances adopted by Holland Charter Township concerning Municipal Civil Infractions, to provide penalties for the violation of Ordinances declared to be a Municipal Civil Infraction, and to repeal all Ordinances or parts of Ordinances in conflict with this Ordinance. THE CHARTER TOWNSHIP OF HOLLAND, COUNTY OF OTTAWA, AND STATE OF MICHIGAN ORDAINS: SECTION 1. Amendment of Section 1-13, Subsection (g). Section 1-13 of the Code of Ordinances adopted by Holland Charter Township, Subsection (g), shall be amended to state in its entirety as follows: (g) Sanctions, Continuing Violations, Injunctive Relief. 1. The sanction for a violation which is a Municipal Civil Infraction shall be a civil fine in the amount as provided, plus any costs, damages, expenses or other sanctions, as authorized under chapter 87 of Public Act No. 236 of 1961 (MCL 600.8701 et. seq., MSA 27(a).8701 et. seq.), as amended, and other applicable laws. a. Unless otherwise specifically provided for a particular municipal civil infraction violation, the civil fine for a civil violation shall be $150.00, plus costs and other sanctions, for each infraction. b. Increased civil fines may be imposed for repeated violations by a person of any requirement of the provisions of this Code or of the zoning ordinance adopted by the township. As used in this section, “repeat offense” means a second, or any subsequent, municipal civil infraction violation of the same requirement or provision: i. Committed by a person within any 12-month period, unless some other period is specifically provided; and ii. For which the person admits responsibility or is determined to be responsible. 1 Unless otherwise specifically provided for a particular municipal civil infraction violation, the increased fine for repeat offense shall be as follows: iii. The fine for any offense which is a first repeat offense shall be $250.00 plus costs. iv. The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be $500.00 plus costs. 2. A “violation” includes any act which is prohibited or declared to be unlawful or any offense by this Code or ordinance adopted by the township, and any omission or failure to act where the act is required by this Code or any ordinance. 3. Each day in which any violation continues constitutes a second offense and shall be subject to penalties or sanctions as a separate offense. 4. 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 this Code or any ordinance. SECTION 2. Severability and Captions. This Ordinance and it various sections, subsections, sentences, phrases, and clauses are declared to be severable. If any section, subsection, sentence, phrase, or clause is adjudged unconstitutional or invalid, the remainder of this Ordinance shall not be affected. Pronouns shall be read as masculine, feminine, or neuter as may be appropriate. Captions appearing at the beginning of any section shall not be deemed a part of this Ordinance and shall have no independent significance. SECTION 3. Repeal. All ordinances or parts of ordinances which are in conflict in whole or in part with any of the provisions of this Ordinance as of the effective date are repealed to the extent of such conflict. SECTION 4. Effective Date. This Ordinance was approved and adopted by the Township of Holland Charter Township, Ottawa County, Michigan on February 5, 2015, after introduction and first reading on 2 January 22, 2015, and publication after first reading as required by Act 359 of the Michigan Public Acts of 1947, as amended. This Ordinance shall be effective on February 20, 2015. ________________________________ Terry Nienhuis, Township Supervisor ________________________________ Michael Dalman, Township Clerk 3 CERTIFICATE We, Terry Nienhuis and Michael Dalman, the Supervisor and Clerk, respectively, for the Charter Township of Holland, Ottawa County, Michigan, certify that the foregoing Municipal Civil Infraction Ordinance Amendment was adopted at a regular meeting of the Holland Charter Township Board held on February 5, 2015. The following members of the Township Board were present at that meeting: Nienhuis, Dalman, Bush, Becker, Hossink, Nykamp, and TeSlaa. The following members of the Township Board were absent: none. The Ordinance was adopted by the Township Board with all members of the Board voting in favor, and no members of the Board voting in opposition. Notice of Adoption and Posting of the Ordinance was published in The Holland Sentinel on February 11, 2015. ________________________________ Terry Nienhuis, Township Supervisor ________________________________ Michael Dalman, Township Clerk 4 .