City of Grand Ledge, MI
Eaton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Grand Ledge as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-23-2009 by Ord. No. 521[1]]
[1]
Editor's Note: This ordinance also superseded former Art. I, Adoption of Code, adopted by Ord. No. 480.

§ 1-1 Recodification of City Code.

Pursuant to MCLA 117.5b, the Code of the City of Grand Ledge ("Code"), as originally codified by General Code, and consisting of Chapters 1 through 220, together with an Appendix, is hereby recodified and revised.

§ 1-2 Code supersedes prior ordinances.

This ordinance and the Code shall supersede all general and permanent ordinances enacted prior to the enactment or recodification of the Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

§ 1-3 Copy of Code on file.

A copy of the Code recodification in loose-leaf form has been filed in the office of the City Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the City Clerk by impressing thereon the Seal of the City, as provided by law, and such certified copy shall remain on file in the office of the City Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-4 Amendments to Code.

Any and all additions, amendments or supplements to the Code, when passed and adopted and published as required by law in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of Grand Ledge" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as amendments and supplements thereto.

§ 1-5 Publication; filing.

The City Clerk, pursuant to law, shall cause to be published, in the manner required, a copy of this Recodification Ordinance in a newspaper of general circulation in the City. Sufficient copies of the Code revisions shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Recodification Ordinance, coupled with availability of copies of the Code revisions for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-6 Code book to be kept up-to-date.

It shall be the duty of the City Clerk or someone authorized and directed by the City Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this recodification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-7 Sale of Code book.

Copies of the Code, or any chapter or portion of it, may be purchased from the City Clerk, or an authorized agent of the City Clerk, upon the payment of a fee to be set by the City Council or may be furnished electronically. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 1-8 Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Grand Ledge to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, or both in the discretion of the judge imposing the same.

§ 1-9 Inconsistent ordinances repealed.

All ordinances or parts of ordinances inconsistent with the provisions contained in the Code as originally adopted and as revised by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the City of Grand Ledge which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-10 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any ordinance adopted subsequent to March 23, 2009.
B. 
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
C. 
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
D. 
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to the effective date of this ordinance brought pursuant to any legislative provision.
E. 
Any franchise, license, right, easement or privilege heretofore granted or conferred.
F. 
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
G. 
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the City's indebtedness.
H. 
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
I. 
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
J. 
The dedication of property or approval of preliminary or final subdivision plats.
K. 
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
L. 
Any ordinance adopting or amending the Zoning Map.
M. 
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.

§ 1-11 Inclusion of and changes in previously adopted ordinances.

A. 
In compiling and preparing the ordinances for adoption and revision as part of the recodification of the Code, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the City Council that all such changes be adopted as part of the recodification of the Code as if the ordinances so changed had been previously formally amended to read as such.
B. 
The changes, amendments and revisions as set forth in Schedule A,[1] as attached, are made a part hereof, to become effective upon the effective date of this ordinance.
[1]
Editor's Note: Schedule A, which contains a complete description of all changes, is on file in the City Clerk offices.
C. 
The ordinances adopted subsequent to the original codification of the City's ordinances on July 1, 2002, as set forth in Schedule B,[2] as attached, are made a part hereof, unless specifically repealed or amended, or unless deemed to be not Code material.
[2]
Editor's Note: Schedule B, which contains a list of these ordinances, is on file in the City Clerk offices.
D. 
Throughout the Code, references to "Common Council" have been updated to refer to the "City Council."
E. 
Throughout the Code, MCLA references have been included in the text along with the unconsolidated public act date and number.

§ 1-12 Gender-neutral language.

In the interpretation of wording in the Code of the City of Grand Ledge, it is the intention of the City Council that all words purporting the male gender be interpreted to include the female gender as well, unless the context precludes such interpretation.

§ 1-13 Severability of Code provisions.

The provisions of the Code are severable, and if any section, subsection, paragraph, sentence, clause, phrase or portion of the Code is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of all remaining sections, subsections, paragraphs, sentences, clauses, phrases or portions of the Code.

§ 1-14 Severability of ordinance provisions.

The provisions of this ordinance are severable, and if any section, subsection, paragraph, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of all remaining sections, subsections, paragraphs, sentences, clauses, phrases or portions of this ordinance.

§ 1-15 (Reserved)

[Adopted 1-27-1997 by Ord. No. 443]

§ 1-16 Definitions.

As used in this article, the following words and phrases have the following meanings:
AUTHORIZED CITY OFFICIAL
A police officer or other personnel of the City authorized by this article or any other ordinance to issue municipal civil infraction citations or municipal civil infraction violation notices.
MUNICIPAL CIVIL INFRACTION
An act or omission that is prohibited by any ordinance of the City, but which is not a crime under such 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 (MCLA § 600.8701 et seq.). A municipal civil infraction is not a lesser included offense of a violation that is a criminal offense.
MUNICIPAL CIVIL INFRACTION ACTION
A civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
MUNICIPAL CIVIL INFRACTION CITATION
A written complaint or notice prepared by an authorized City 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 City official, directing a person to appear at the City of Grand Ledge Municipal Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the City, as authorized under Sections 8396 and 8707(6) of the Revised Judicature Act.
ORDINANCE
Any ordinance of the City of Grand Ledge.
REVISED JUDICATURE ACT
Act No. 236 of the Public Acts of 1961, as amended (MCLA § 600.101 et seq.).

§ 1-17 General penalties and sanctions for violations of City ordinances; continuing violations; injunctive relief.

A. 
Unless a violation of an ordinance is specifically designated in the ordinance as a municipal civil infraction, the violation shall be deemed to be a misdemeanor.
B. 
The penalty for a misdemeanor violation shall be a fine in an amount not to exceed $500, plus costs, or imprisonment, or both, as follows:
[Amended 3-23-2009 by Ord. No. 521]
(1) 
Up to 93 days for violation of state law for which the penalty is 93 days' imprisonment and for violation of a City ordinance which substantially corresponds to such state law.
(2) 
Except as provided in Subsection B(1) above, up to 90 days' imprisonment for violation of other City misdemeanor ordinances, unless a specific penalty is otherwise provided for said violation.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding the penalty for a misdemeanor violation, was repealed 3-23-2009 by Ord. No. 521.
D. 
The sanction for a violation which is a municipal civil infraction shall be a civil fine, in the amount as provided by ordinance, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of the Revised Judicature Act and/or any other applicable laws.
[Amended 1-25-2010 by Ord. No. 526]
(1) 
Unless otherwise specifically provided for by any ordinance, the civil fine for a municipal civil infraction violation shall be not less than $100, plus costs and other sanctions, for each infraction.
(2) 
Increased fines.
(a) 
Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of any ordinance. As used in this section, "repeat violation" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision committed by a person within any six-month period (unless some other period is specifically provided by ordinance), and for which the person admits responsibility or is determined to be responsible.
(b) 
Unless otherwise specifically provided by any ordinance, for a particular municipal civil infraction violation, the increased fine for a repeat violation shall be as follows:
[1] 
The fine for any violation which is a first repeat violation shall be not less than $200, plus costs.
[2] 
The fine for any violation which is a second repeat violation shall be not less than $350, plus costs.
[3] 
The fine for any violation which is a third repeat violation or any subsequent repeat violation shall be not less than $500, plus costs.
E. 
A violation includes any act which is prohibited or made or declared to be unlawful or an offense by any ordinance, and includes any omission or failure to act where the act is required by any ordinance.
F. 
Each day on which any violation of any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
G. 
In addition to any remedies available at law, the City may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of any ordinance.

§ 1-18 Municipal civil infraction action; commencement.

A municipal civil infraction action may be commenced upon the issuance, by an authorized City official, of:
A. 
A municipal civil infraction citation directing the alleged violator to appear in Court; or
B. 
A municipal civil infraction violation notice directing the alleged violator to appear at the City of Grand Ledge Municipal Ordinance Violations Bureau, City Hall, 200 E. Jefferson, Grand Ledge, Michigan.

§ 1-19 Municipal civil infraction citations: issuance and service.

Municipal civil infraction citations shall be issued and served by an authorized City 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 in the District Court.
C. 
Each citation shall be numbered consecutively, and shall be in a form approved by the State Court Administrator. The original citation shall be filed with the District Court. Copies of the citation shall be retained by the City, and issued to the alleged violator as provided by Section 8705 of the Revised Judicature Act.
D. 
A citation for a municipal civil infraction signed by an authorized City 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."
E. 
An authorized City official who witnesses a person committing a municipal civil infraction shall prepare and subscribe, as soon as possible, and as completely as possible, an original and required copies of a citation.
F. 
An authorized City official may issue a citation to a person if:
(1) 
Based upon an 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 prosecuting attorney or City attorney approves, in writing, the issuance of the citation.
G. 
Municipal civil infraction citations shall be served by an authorized City official as follows:
(1) 
Except as provided by Subsection G(2) below, an authorized City official shall personally serve a copy of the citation upon the alleged violator.
(2) 
If the municipal civil infraction 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 the 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.

§ 1-20 Municipal civil infraction citations: contents.

A. 
A municipal civil infraction citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged, the place where the alleged violator shall appear in court, the telephone number of the court, and the time at or by which the appearance shall be made.
B. 
Further, the citation shall inform the alleged violator that he or she may do one of the following:
(1) 
Admit responsibility for the municipal infraction by mail, in person, or by representation, at or by the time specified for appearance;
(2) 
Admit responsibility for the municipal civil infraction "with explanation" by mail, in person, or by representation, at or by the time specified for appearance; or
(3) 
Deny responsibility for the municipal civil infraction by doing either of the following:
(a) 
Appearing in person for an informal hearing before a District Court Magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a Judge is requested by the City; or
(b) 
Appearing in court for a formal hearing before a Judge, with the opportunity of being represented by an attorney.
C. 
The citation shall also inform the alleged violator of all of the following:
(1) 
That if the alleged violator desires to admit responsibility "with explanation" in person, or by representation, the alleged violator must reply to the Court in person, by mail, by telephone, or by representation within the time specified for appearance, and obtain a scheduled date and time for an appearance.
(2) 
That if the alleged violator desires to deny responsibility, the alleged violator must reply to the Court, in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation.
(3) 
That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or by the City.
(4) 
That at an informal hearing, the alleged violator must appear in person before a Judge or District Court Magistrate, without the opportunity of being represented by an attorney.
(5) 
That at a formal hearing, the alleged violator must appear in person before a District Court Judge, with the opportunity of being represented by an attorney.
D. 
The citation shall contain a notice in boldface type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for any hearing or appearance is a misdemeanor, and will result in an entry of default judgment against the alleged violator on the municipal civil infraction.

§ 1-21 Municipal Ordinance Violation Bureau.

A. 
The City hereby establishes a Municipal Ordinance Violation Bureau ("Bureau"), as authorized under Section 8396 of the Revised Judicature Act, to accept admissions of responsibility for municipal civil infractions in response to municipal civil infraction violation notices issued and served by authorized City officials, and to collect and retain civil fines and costs as prescribed by ordinance.
B. 
The Bureau shall be under the supervision and control of the City Administrator.
[Amended 3-23-2009 by Ord. No. 521]
C. 
The Bureau may dispose only of municipal civil infraction violations for which a fine has been scheduled, and for which a municipal civil infraction violation notice (as compared with a citation) has been issued. The fact that a fine has been scheduled for a particular violation shall not entitle any person to dispose of the violation at the Bureau. Nothing in this article shall be construed to prevent or restrict the City from issuing a municipal civil infraction citation for any violation, or from prosecuting any violation in any court of appropriate jurisdiction. No person shall be required to dispose of any municipal civil infraction violation at the Bureau, and may have the violation processed before the court of appropriate jurisdiction. The unwillingness of any person to dispose of any violation at the Bureau shall not prejudice the person, or in any way diminish that person's rights, privileges and protection accorded by law.
[Amended 6-24-2002 by Ord. No. 480]
D. 
The scope of the Bureau's authority shall be limited to accepting admissions and responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of those admissions. The Bureau shall not accept payment of a fine from any person who denies having committed the offense, or who admits responsibility only with an explanation, and in no event shall the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation.
E. 
Municipal civil infraction violation notices shall be issued and served by authorized City officials under the same circumstances and upon the same person as required for municipal civil infraction citations, as provided in § 1-19F and G of this article. In addition to any other information required by ordinance, the notice of violation shall indicate the time by which the alleged violator must appear at the Bureau, the methods by which appearance may be made, the address and telephone number of the Bureau, the hours during which the Bureau is open, the amount of the fine scheduled for the alleged violation, and the consequences for failure to appear and pay the required fine within the required time.
F. 
An alleged violator receiving a municipal civil infraction violation notice shall appear at the Bureau, and pay the specified fines and costs at or by the time specified for appearance in the municipal civil infraction violation notice. An appearance may be made by mail, in person, or by representation.
G. 
If an authorized City official issues and serves a municipal ordinance violation notice, and admission of responsibility is not made, and the civil fine and cost, if any, prescribed by the schedule of fines for the violation are not paid at the Bureau, a municipal civil infraction citation may be filed with the District Court, and a copy of the citation may be filed with the District Court, and a copy of the citation shall be served by first-class mail upon the alleged violator at the alleged violator's last known address. The citation filed with the Court does not need to comply in all particulars with the requirements for citations as provided by Sections 8705 and 8709 of the Revised Judicature Act, but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice, and shall fully inform the alleged violator how to respond to the citation.

§ 1-22 Schedule of civil fines established.

A. 
A schedule of civil fines, payable to the City, for admissions of responsibility by the person served with municipal ordinance violation notices, is hereby established. The fines for violations of any ordinance of the City stipulating a penalty of municipal civil infraction shall be as follows:
[Amended 6-24-2002 by Ord. No. 480; 1-25-2010 by Ord. No. 526]
Violation
Fine
Initial violation
$100, plus costs of prosecution
First repeat violation
$200, plus costs of prosecution
Second repeat violation
$350, plus costs of prosecution
Third (or any subsequent) repeat violation
$500, plus costs of prosecution
B. 
A copy of the schedule, as amended from time to time, shall be posted at all times at the City of Grand Ledge City Hall, 200 E. Jefferson, Grand Ledge, Michigan.