[HISTORY: Adopted by the City Council of
the City of Roseville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-28-1984 by Ord. No. 895 as Ch. 61 of the 1984
Code]
The District Judge shall establish the District
Court and under his or her supervision a Violations Bureau to assist
the Court with the clerical work of traffic cases. The Violations
Bureau shall be in charge of the Clerk of the District Court, and
said Clerk shall be assisted by such other person as may from time
to time be named or designated by the District Judge.
[1]
Editor's Note: The City of Roseville is now
part of the 39th Judicial District of the State of Michigan, established
pursuant to MCLA § 600.8122 and MSA § 27A.8122.
The District Court Violations Bureau is authorized by MCLA § 600.8395
and MSA § 27A.8391.
The District Judge shall, from time to time,
designate the particular offenses and the number of violations of
each such offenses that may be handled by the Violations Bureau, and
for which payments of fines may be accepted by the Violations Bureau.
The District Judge shall, from time to time, set and specify by suitable
schedules the amount of fines for first, second and subsequent traffic
violations, provided that such fines are within the limits declared
by law and the provisions of the ordinances of the City.
A.
Any person charged with an offense for which payment
of a fine may be made to the Violations Bureau shall have the option
of paying such fine at the Violations Bureau within the time specified
in the notice of violation or notice of arrest on such charge, upon
entering of a plea of guilty to the charge and waiving a hearing in
court and giving power of attorney to the clerk to make such plea
and to pay such fine and by paying to the Violations Bureau the fine
prescribed in the schedule of fines established for such charge; or
such person shall have the option of depositing required lawful bail
and to appear in court for trial as authorized by law.
B.
Acceptance of the prescribed fine and the power of
attorney for any offense shall be deemed to be complete satisfaction
for the violation, and the violator shall be given a receipt which
so states.
The following duties are hereby imposed upon
the Violations Bureau:
A.
It shall accept designated fines, issue receipts and
represent in court such violators as are so authorized and who plead
guilty and waive court appearance. The entry of a plea of guilty,
the payment of a fine and acceptance of the receipt of the Violations
Bureau shall constitute authority from the person in charge of the
Violations Bureau to represent the violator in court.
B.
It shall receive and issue receipts for cash bill
from the persons who desire to be heard in court, enter the time of
such person's appearance on the court docket and notify the arresting
officer and witness, if any, to be present at the time for trial as
shall be set by the court.
C.
It shall have no discretion for the determination
of the guilt or innocence of any person appearing before the Violations
Bureau and shall have only the right and authority, as agent of the
person charged, to receive a plea of guilty, to receive the prescribed
fine therefor and to represent such person in court by the entry of
a plea of guilty in behalf of such person in court and the payment
of such fine to the court.
D.
If a violator, in any traffic offense where the name
of the violator is not known, does not appear in the Violations Bureau
within the time specified in the notice of violation, the Violations
Bureau shall send to the registered owner of the motor vehicle involved
in such offense a letter informing such owner of the violation and
warning said owner that he or she will be held responsible for the
appearance of the offender and that, in the event the letter is disregarded
for a period of 10 days after the date of mailing, a complaint will
be filed and a warrant issued for the arrest of the owner of said
motor vehicle.
E.
If the violator in any traffic offense where the name
of the violator is known fails to comply with a notice of violation
or notice of arrest by failing to appear before the Violations Bureau,
within the time specified in such notice, the Violations Bureau shall
forthwith request a complaint to be entered against such person in
the District Court and a warrant issued by said Court for the arrest
of such violator.
The Violations Bureau shall keep such records
as shall be required by the District Judge for the purpose of coordinating
the records of the Violations Bureau with the records of the District
Court. All fines collected by the Violations Bureau shall be turned
over to the District Court, and all such fines shall thereafter be
the responsibility of the District Judge, to be handled and deposited
by said Court pursuant to the law and regulations governing said Court.
[Adopted 2-9-2010 by Ord. No. 1233]
This article is adopted by the City Council pursuant to Public
Act No. 236 of 1961 (MCL § 600.101 et seq.).
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Public Act No. 236 of 1961 (MCL § 600.101 et seq.).
A police officer or other personnel of the City authorized
by this article or by any other section of this Code or City ordinance
to issue municipal civil infraction notices or municipal civil infraction
citations.
The Municipal Ordinance Violations Bureau as designated and
established by this article.
An act or omission that is prohibited by this article or
by any other section of this Code or City ordinance, but which is
not a crime under this article or under any other section of this
Code or City ordinance, and for which civil sanctions, including but
not limited to fines, damages, expenses and costs, may be assessed
or ordered as authorized by Chapter 87 of the Act (MCL § 600.8701
et seq.). A municipal civil infraction is not a lesser included offense
of any violation of a section of this Code or City ordinance that
is a criminal offense.
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 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 Act [MCL §§ 600.8396
and 600.8707(6)].
Municipal civil infraction citations shall be issued and served
by authorized City officials as follows:
A.
The time for appearance specified in a municipal civil infraction
citation shall be within a reasonable time after the municipal civil
infraction citation is issued.
B.
The place for appearance specified in a municipal civil infraction
citation shall be the 39th District Court.
C.
Each municipal civil infraction citation shall be consecutively numbered
and shall be in a form approved by the State Court Administrator.
The original municipal civil infraction citation shall be filed with
the District Court. Copies of the municipal civil infraction citation
shall be retained by the City and issued to the alleged violator as
provided by Section 8705 of the Act (MCL § 600.8705).
D.
A municipal civil infraction citation signed by an authorized City
official shall be treated as made under oath if the violation alleged
in the municipal civil infraction citation occurred in the presence
of the authorized City official signing the complaint and if the municipal
civil infraction citation contains the following statement immediately
above the date and signature of the authorized City 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 the required copies
of a municipal civil infraction citation.
F.
An authorized City official may issue a municipal civil infraction
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 authorized
City official has reasonable cause to believe that the person is responsible
for a municipal civil infraction and if the City Attorney approves
in writing the issuance of the municipal civil infraction.
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 municipal civil infraction 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 municipal civil
infraction citation does not need to be personally served upon the
alleged violator, but the municipal civil infraction citation may
be served upon an owner or occupant of the land, building or structure
by posting the copy of the municipal civil infraction citation on
the land or by attaching the copy of the municipal civil infraction
citation to the building or structure. In addition to the foregoing,
a copy of the municipal civil infraction citation shall be sent by
first class mail to the owner of the land, building or structure at
the owner's last known address.
Municipal civil infraction citations shall contain and set forth
the following information:
A.
A municipal civil infraction citation shall contain the following:
B.
The municipal civil infraction citation shall further inform the
alleged violator that such person may do one of the following:
(1)
Admit responsibility for the municipal civil 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 by the time specified for appearance or in person or by representation
by the time specified for appearance.
(3)
Deny responsibility for the municipal civil infraction by doing either
of the following:
(a)
Appearing in person for an informal hearing before a judge or
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.
(b)
Appearing in court for a formal hearing before a judge, with
the opportunity of being represented by an attorney.
C.
The municipal civil infraction citation shall also inform the alleged
violator of all of the following:
(1)
If the alleged violator desires to admit responsibility with explanation
in person or by representation, the alleged violator must apply 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 appearance.
(2)
If the alleged violator desires to deny responsibility, the alleged
violator must apply 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 municipal civil infraction citation.
(3)
A hearing shall be an informal hearing unless a formal hearing is
requested by the alleged violator or by the City.
(4)
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)
At a formal hearing the alleged violator must appear in person before
a judge with the opportunity of being represented by an attorney.
D.
The municipal civil infraction citation shall contain a notice in
boldface type that the failure of the alleged violator to appear within
the time specified in the municipal civil infraction citation or at
the time scheduled for a hearing or appearance is a misdemeanor and
will result in entry of a default judgment against the alleged violator
on the municipal civil infraction.
A.
Establishment of Bureau. The City hereby designates and establishes
a Municipal Ordinance Violations Bureau, as authorized under Section
8396 of the Act (MCL § 600.8396), 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 this article and other sections of this Code or City
ordinances and as provided by the Act.
B.
Location of Bureau. The Municipal Ordinance Violations Bureau shall
be located at the 39th District Court.
C.
Disposition of violations. The Municipal Ordinance Violations Bureau
may only dispose of municipal civil infraction violations for which
a fine has been scheduled and for which a municipal civil infraction
violation notice has been issued. The fact that a fine has been scheduled
for a particular municipal civil infraction violation shall not, in
and of itself, entitle a person to dispose of the municipal civil
infraction violation at the Bureau. Nothing in this section shall
prevent or restrict the City from issuing a municipal civil infraction
citation for any municipal civil infraction violation or from prosecuting
or pursuing any violation in a court of competent jurisdiction.
D.
Municipal civil infraction violation notices. Pursuant to Section
8707(6) of the Act [MCL § 600.8707(6)], municipal civil
infraction violation notices shall be issued and served by authorized
City officials under the same circumstances and upon the same persons
as provided for municipal civil infraction citations. In addition
to any other information required by this article or by any other
section of this Code or City ordinance, the municipal civil infraction
violation notice shall indicate the time by which the alleged violator
must appear at the Bureau, the methods by which an 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 municipal civil infraction violation, and the consequences
for failure to appear and pay the required fine within the specified
time period.
E.
Appearance; payment of fines and costs. An alleged violator receiving
a municipal civil infraction violation notice shall appear at the
Municipal Ordinance Violations Bureau and pay the specified fine 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.
F.
Procedure applicable when admission of responsibility is not made
or fine not paid. If an authorized City official issues and serves
a municipal civil infraction violation notice and if an admission
of responsibility is not made and the civil fine and costs, if any,
prescribed by the schedule of fines for the municipal civil infraction
violation are not paid at the Bureau within the prescribed time period,
a municipal civil infraction citation may be filed with the District
Court and a copy of the municipal civil infraction citation may be
served by first class mail upon the alleged violator at the alleged
violator's last known address. The municipal civil infraction
citation filed with the District Court does not have to comply in
all particulars with the requirements for municipal civil infraction
citations as provided by Sections 8705 and 8709 of the Act (MCL §§ 600.8705
and 600.8709), but shall consist of the sworn complaint containing
the allegations stated in the municipal civil infraction violation
notice and shall fairly inform the alleged violator how to respond
to the municipal civil infraction citation.
The fines for municipal civil infraction citations are as follows:
A.
Any person, individual, firm, partnership, copartnership, corporation,
company, association, club, joint venture, and any other group, entity
or association, acting as a unit, and the individuals constituting
such group, entity or unit, who is responsible for a municipal civil
infraction shall pay a civil fine of not less than $50 nor more than
$500, plus costs and other sanctions as authorized and permitted by
law, for each municipal civil infraction.
B.
Repeat violations shall be subject to increased civil fines as set
forth in this subsection. As used in this subsection, the term "repeat
violation" means a second or any subsequent municipal civil infraction
violation of the same requirement or section of this Code committed
by a violating party within any twelve-month period and for which
the violating party admits responsibility or is determined to be responsible.
The increased civil fine for a repeat violation under this article
shall be as follows:
(1)
The civil fine for any violation which is a repeat violation shall
be no less than $250, plus costs and other sanctions as authorized
and permitted by law.
(2)
The civil fine for any violation which is a second repeat violation
or any subsequent repeat violation shall be no less than $500, plus
costs and other sanctions authorized and permitted by law.
