The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
AUTHORIZED VILLAGE OFFICIAL
The personnel of the Village authorized by this chapter,
or any other Village ordinance, to issue municipal civil infraction
citations or municipal civil infraction violation notices. In addition
to the Village Building Inspector and any other designated Village
personnel, police officers are authorized to issue municipal civil
infraction citations or municipal civil infraction violation notices
for violations of Village ordinances.
MUNICIPAL CIVIL INFRACTION
An act or omission that is prohibited by any Village ordinance,
but which is not a crime under the ordinance, and for which civil
sanctions, including, without limitation, fines, damages, expenses
and costs may be ordered, as authorized by Chapter 87 of the Revised
Judicature Act of 1961 (MCLA § 600.8701 et seq.). A municipal
civil infraction is not a lesser included offense of a violation of
a Village ordinance that is a criminal offense.
MUNICIPAL CIVIL INFRACTION CITATION
A written complaint or notice prepared by an authorized Village
official directing a person to appear in court regarding the occurrence
or existence of a municipal civil infraction violation by the person
cited.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE
A written notice prepared by an authorized Village official
directing a person to appear at the Cass County Court and to pay the
fine and costs associated with said infraction.
[Amended 4-11-2016]
[Amended 4-11-2016]
A municipal civil infraction action may be commenced upon the
issuance by an authorized Village official of a Municipal civil infraction
citation directing the alleged violator to appear in court.
A municipal civil infraction citation shall be issued and served
by an authorized Village official as follows:
A. The time for appearance specified in a citation shall be within a
reasonable time after the citation is issued.
B. The place for appearance specified in a citation shall be the district
court.
C. Each citation shall be numbered consecutively and shall be in a form
approved by the state court administrator.
D. The first copy of the citation (the original citation) shall be filed
with the district court. The second copy of the citation shall be
retained by the Village. The third copy, and any duplicate copies,
as needed, shall be issued to the alleged violator.
E. A citation for a municipal civil infraction signed by an authorized
Village official shall be treated as made under oath if the violation
alleged in the citation occurred in the presence of the official signing
the complaint and if the citation contains the following statement
immediately above the date and signature of the official: "I declare
under the penalties of perjury that the statements above are true
to the best of my information, knowledge and belief."
F. An authorized Village official who witnesses a person commit a municipal
civil infraction shall prepare and subscribe, as soon and completely
as possible, an original and any required copies of a citation.
G. An authorized Village official may issue a citation to a person if:
(1) Based upon investigation, the official has reasonable cause to believe
that the person is responsible for a municipal civil infraction; or
(2) Based upon investigation of a complaint by someone who allegedly
witnessed the person commit a municipal civil infraction, the official
has reasonable cause to believe that the person is responsible for
an infraction and if the Village attorney approves in writing the
issuance of the citation.
H. A municipal civil infraction citation shall be served by an authorized
Village official as follows:
(1) Except as provided by Subsection
H(2) of this section, an authorized Village official shall personally serve a copy of the citation upon the alleged violator.
(2) If the municipal civil infraction action involves the use or occupancy
of land, a building or other structure, a copy of the citation does
not need to be personally served upon the alleged violator, but may
be served upon an owner or occupant of the land, building or structure
by posting the copy on the land or attaching the copy to the building
or structure. In addition, a copy of the citation shall be sent by
first-class mail to the owner of the land, building or structure at
the owner's last known address.