Sec. 5. (1) A person that violates section 3 is subject to a civil fine as follows: (a) For a first violation, a civil fine of not more than $2,000.00. (b) For a second violation, a civil fine of not more than $5,000.00. (c) For a third or subsequent violation, a civil fine of not more than $10,000.00. (2) A violation of section 3 may be prosecuted by the prosecutor of the county in which the violation occurred, or by the attorney general.