[HISTORY: Adopted by the Village Council of the Village of
Cassopolis 11-10-1997 by Ord. No. 206 (Ch. 2, Art. IV, of the
2003 Code of Ordinances). Amendments noted where applicable.]
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:
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.[1]
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.
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 Village
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 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]
[1]
Editor’s Note: The definition of "bureau,” which
immediately followed this definition, was repealed 4-11-2016.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.
A.
A municipal ordinance 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.
The citation shall inform the alleged violator that he 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.
(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
district court magistrate without the opportunity of being represented
by an attorney, unless a formal hearing before a judge is requested
by the Village; 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
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 an appearance.
(2)
That 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 citation.
(3)
That a hearing shall be an informal hearing unless a formal hearing
is requested by the alleged violator or the Village.
(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 judge with the opportunity of being represented by an attorney.
D.
The citation shall contain a notice in boldfaced type that the failure
of the alleged violator to appear within the time specified in the
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.
[1]
Editor’s Note: Former § 34-5, Municipal Ordinance
Violations Bureau; violation notices, was repealed 4-11-2016.
A.
The sanction for a violation which is a municipal civil infraction
shall be a civil fine in the amount as provided by the ordinance violated,
or by the schedule of civil fines established by this chapter for
admissions of responsibility accepted at the Bureau in response to
a municipal civil infraction violation notice, plus any costs, damages,
expenses and other sanctions as authorized under Chapter 87 of the
Revised Judicature Act of 1961 (MCLA § 600.8701 et seq.),
and other applicable laws.
B.
Increased civil fines may be imposed for repeat offenses by a person
of any requirement or provision of any ordinance. As used in this
section, the term "repeat offense" means a second, or any subsequent,
admission or determination of responsibility for the same municipal
civil infraction made within the period as specified by ordinance.
C.
Each day on which any violation designated as a municipal civil infraction
continues constitutes a separate offense and shall be subject to sanctions
as a separate violation.
D.
In addition to any remedies available at law, the Village may bring
an action for an injunction or other process against a person to restrain,
prevent or abate any municipal civil infraction violation.
