[Adopted 7-1-1998 by Ord. No. 363]
As used in this article, the following terms shall have the
meanings indicated:
Act No. 236 of the Public Acts of 1963, as amended.[1]
A police officer or other personnel of the City authorized
by this Code or any ordinance to issue municipal civil infraction
citations or municipal civil infraction violation notices.
A civil action in which the defendant is alleged to be responsible
for a municipal civil infraction.
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.
A written notice prepared by an authorized City official,
directing a person to appear at the 33rd District Court and to pay
the fine and costs, if any, prescribed for the violation by the schedule
of civil fines adapted by the City, as authorized under Sections 8396
and 8707(6) of the Act.[2]
A municipal civil infraction action may be commenced upon the
issuance by an authorized City official of a municipal civil infraction
citation directing the alleged violator to appear in court.
Municipal civil infraction citations shall be issued and served
by authorized City officials 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. 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
8706 of the 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 commit 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 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
the issuance of the citation.
[Amended 5-1-2002 by Ord. No. 407]
G.
Municipal
civil infraction citations shall be served by an authorized City official
as follows:
(1)
Except as provided by Subsection G(2) of this section, an authorized
City 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 a 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 know address.[1]
[1]
Editor's Note: Original Section 202.75(4), Municipal
civil infraction citations; contents, which immediately followed this
section, was deleted 5-1-2002 by Ord. No. 407.
A.
Unless
a violation of this Code or any ordinance of the City is specifically
designated in the Code or 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 not exceeding
$500 (plus costs prosecution), or imprisonment not exceeding 90 days,
or both, unless a specific penalty is otherwise provided for the violation
by this Code or any ordinance. See § 1-5.
C.
The
sanction for a violation which is a municipal civil infraction shall
be a civil fine in the amount as provided by this Code or any ordinance,
plus any costs, damages, expenses and other sanctions, as authorized
under Chapter 87 of Act No. 236 of the Public Acts at 1963, as amended,
and other applicable laws.
[Amended 5-1-2002 by Ord. No. 407]
(1)
Unless otherwise specifically provided for a particular municipal
civil infraction violation by this Code or any ordinance, the civil
fine for a violation shall be not less than $50, plus costs and other
sanctions, for each infraction.
(2)
Increased civil fines may be imposed for repeated violations by a
person of any requirement or provision of this Code or any ordinance.
As used in this section, "repeat offense" 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 this Code or any ordinance) and
for which the person admits responsibility or is determined responsible.
Unless otherwise specifically provided by this Code or any ordinances
for a particular municipal civil infraction violation, the increased
fine for a repeat offense shall be as follows:
D.
A
violation includes any act which is prohibited or made or declared
to be unlawful or an offense by this Code or any ordinance; and any
omission or failure to act where the act is required by this Code
or any ordinance.
E.
Each
day on which any violation of this Code or any 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 City 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 City ordinance.
