[HISTORY: Adopted by the City Council of the City of Roseville as indicated in article histories. Amendments noted where applicable.]
CHARTER REFERENCES
Municipal Court — See Ch. 12, Sec. 12.2.
Creation of Bureau by Council — See Ch. 12, Sec. 12.9.
Establishment of Bureau by Court — See Ch. 12, Sec. 12.11.
[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]
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:
ACT
Public Act No. 236 of 1961 (MCL § 600.101 et seq.).
AUTHORIZED CITY OFFICIAL
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.
BUREAU
The Municipal Ordinance Violations Bureau as designated and established by this article.
MUNICIPAL CIVIL INFRACTION
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.
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 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:
(1) 
The name and address of the alleged violator;
(2) 
The municipal civil infraction alleged;
(3) 
The place where the alleged violator shall appear in court;
(4) 
The telephone number of the court; and
(5) 
The time at or by which the appearance by the alleged violator shall be made.
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.