[HISTORY: Adopted by the Township Board of the Township of
Putnam 4-20-2005 by Ord. No. 36 (Ch. 2 of the 2004 Township Code).
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Municipal
Civil Infraction Ordinance."
For the purpose of the provisions of this chapter, the following
words and phrases shall be construed to have the meanings herein set
forth, unless it is apparent from the context that a different meaning
is intended:
Act No. 236 of the Public Acts of 1961, as amended.
A police officer or other personnel of the Township of Putnam
authorized by this chapter or any ordinance to issue municipal civil
infraction citations or municipal civil infraction violation notices.
The Township of Putnam Municipal Ordinance Violations Bureau
as established by this chapter.
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 Township
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 Township official,
directing a person to appear at the Township of Putnam 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 Township,
as authorized under Sections 8396 and 8707(6) of the Act, being MCLA
§§ 600.8396 and 600.8707(6), respectively.
Any second or subsequent violation of the same ordinance,
for which the person is found responsible or admits responsibility,
committed by the person within any two-month period (unless some other
period is specifically provided by this chapter or any ordinance).
Putnam Township, a General Law township, Livingston County,
Michigan.
Correspondence prepared by an authorized Township official
advising the recipient of a municipal civil infraction and directing
the person to correct the alleged violation.
[Amended 3-16-2011 by Ord. No. 55]
The following personnel of the Township of Putnam have the authority
to issue municipal civil infraction citations and municipal civil
infraction violation notices pursuant to this chapter:
A.
Prior to commencing a municipal civil infraction action, an authorized
Township official may send a warning letter by regular or certified
mail advising the recipient of an alleged municipal civil infraction
and directing that the alleged violation be corrected within 30 days
of the date the warning letter was issued. If the authorized Township
official determines that the recipient has made substantial progress
to correct the violation within the first 30 days, the period to correct
the violation may be extended in writing, provided that the extension
does not exceed an additional 30 days. In the event the violation
is not corrected within the specified time, the authorized Township
official may commence a municipal civil infraction action as permitted
by this chapter. Nothing contained in this subsection shall be construed
to require a warning letter prior to commencing a municipal civil
infraction action.
B.
A municipal civil infraction action may be commenced upon the issuance
by an authorized Township official of:
Municipal civil infraction citations shall be issued and served
by authorized Township 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 53rd
District Court.
C.
Each citation shall be numbered consecutively and shall be in the
form approved by the state court administrator. The original citation
shall be filed with the Court; the first copy shall be retained by
the Township; the third copy shall be issued to the alleged violator.
D.
A citation for a municipal civil infraction signed by an authorized
Township 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 Township 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 Township 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 violate an ordinance or chapter, a violation
of which is a municipal civil infraction, the official has reasonable
cause to believe that the person is responsible for a municipal civil
infraction and if the Township Attorney approves in writing the issuance
of the citation.
G.
Municipal civil infraction citations shall be served by an authorized
Township official as follows:
(1)
Except as provided by Subsection G(2), an authorized Township official shall personally serve the third 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 of the citation 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 civil infraction citation shall contain the name of the
plaintiff, the name and the address of the defendant, the municipal
civil infraction alleged, the place where the defendant shall appear
in court, the telephone number of the court, and the time at or by
which the appearance shall be made.
B.
The municipal civil infraction citation shall inform the defendant
that he or she 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 information 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 Township.
(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 defendant of the following:
(1)
If the defendant desires to admit responsibility "with explanation"
in person or by representation, the defendant 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)
If the defendant desires to deny responsibility, the defendant 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)
A hearing shall be an informal hearing unless a formal hearing is
requested by the defendant or the Township.
(4)
At an informal hearing the defendant must appear in person before
a judge or district court magistrate, without the opportunity of being
represented by an attorney.
D.
At a formal hearing, the defendant must appear in person before a
judge with the opportunity of being represented by an attorney.
E.
The citation shall contain a notice in boldfaced type that the failure
of the defendant 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 the entry of a default judgment against the defendant
on the municipal civil infraction.
A.
Bureau established. The Township hereby establishes a Municipal Ordinance
Violations Bureau (Bureau) as authorized by Section 8396 of the Act[1] to accept admissions of responsibility for municipal civil
infractions in response to municipal civil infraction violation notices
issued and served by authorized Township officials, and to collect
and retain civil fines and costs as prescribed by this chapter or
any other ordinance.
[1]
Editor's Note: See MCLA § 600.8396.
B.
Location, supervision, rules and regulations. The bureau shall be
located at the Township Hall, and shall be under the supervision and
control of the Township Supervisor. The Supervisor, subject to the
approval of the Township Board, shall adopt rules and regulations
for the operation of the Bureau.
C.
Disposition of violations. 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 chapter shall prevent
or restrict the Township from issuing a municipal civil infraction
citation for any violation or from prosecuting any violation in a
court of competent jurisdiction. No person shall be required to dispose
of a municipal civil infraction violation at the Bureau and may have
the violation processed before a court of appropriate jurisdiction.
The unwillingness of any person to dispose of any violation at the
Bureau shall not prejudice the person of in any way diminish the person's
rights, privileges and protection afforded by law.
D.
Bureau limited to accepting admissions of responsibility. The scope
of the Bureau's authority shall be limited to accepting admissions
of 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
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.
A.
Municipal civil infraction violation notices shall be issued and
served by authorized Township officials under the same circumstances
and upon the same persons as provided for citations. In addition to
any other information required by this chapter or other ordinance,
the notice of violation shall indicate:
(1)
The time by which the alleged violator must appear at the Bureau;
(2)
The methods by which an appearance may be made;
(3)
The address and telephone number of the Bureau;
(4)
The hours during which the Bureau is open;
(5)
The
amount of the fine scheduled for the alleged violation; and
(6)
The consequences of failure to appear and pay the required fine within
the required time.
B.
Appearance; payment of fines and costs. An alleged violator receiving
a municipal civil infraction violation notice shall appear at the
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.
C.
Procedure when admission of responsibility is not made or fine not
paid. If an authorized Township official issues and serves a municipal
ordinance 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 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 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 Section 8705 and
8709 of the Act,[1] but shall consist of a sworn complaint containing the
allegations stated in the municipal ordinance violation notice and
shall fairly inform the alleged violator how to respond to the citation.
[1]
Editor's Note: See MCLA §§ 600.8705 and 600.8709,
respectively.
A.
The penalty for violations of civil infractions shall be the amount
as provided by this chapter or any ordinance, plus any costs, damages,
expenses and other sanctions, as authorized under Chapter 87 of the
Act, and any other applicable laws.
B.
Unless otherwise specifically in this chapter or any ordinance or
chapter, the fine for a municipal civil infraction shall be as follows:
|
Offense
(violation)
|
Fine
| |
|---|---|---|
|
Failure to comply with any provision of the ordinance
|
Not less than $100 plus costs
| |
|
First repeat offense
|
Not less than $250 plus costs
| |
|
Second (or any subsequent) repeat offense
|
Not less than $500 plus costs
|
C.
Unless a violation of this chapter or any ordinance of the Township
is specifically designated as a misdemeanor, the violation shall be
deemed to be a civil infraction.
D.
A violation includes any act that is prohibited or made or declared
to be unlawful or an offense by this chapter or any ordinance or chapter;
and any omission or failure to act where the act is required by this
chapter or any ordinance.
E.
Each day on which any violation of this chapter or any ordinance
or chapter continues constitutes a separate offense and shall be subject
to penalties or sanctions as a separate offense.
F.
If the defendant in a municipal civil infraction action is determined
responsible for a municipal civil infraction, the judge or district
court magistrate, in addition to any fine costs, and assessment imposed
under Section 8727 of the Act,[1] as amended, may assess additional costs incurred in compelling
the appearance of the defendant, which costs shall be returned to
the general fund of the Township.
[1]
Editor's Note: See MCLA § 600.8727.
G.
All costs ordered by the court shall be in addition to the fines ordered under Subsection B of this section and may include all expenses, direct and indirect, to which the Township has been put in connection with the municipal civil infraction in accordance with Section 8727 of the Act, provided that costs of no more than $500 shall be ordered.
H.
In addition to any remedies available at law, the Township may bring
an action for an injunction or other process against a person to restrain,
prevent, or abate any violation of this chapter or any Township ordinance
or chapter.
A person served with a municipal civil infraction citation as
provided herein who fails to appear within the time specified in the
citation or at the time scheduled for hearing or appearance is guilty
of a misdemeanor, punishable by a fine of not more than $500. Failure
to appear will also result in the entry of a default judgment on the
municipal civil infraction.
