[Ord. No. 1241, 3-24-1999; Ord. No. 1249, 5-5-1999]
As used in this article:
Act No. 236 of the Public Acts of 1961, 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 notices.
The City of Holland Municipal Civil Infractions Bureau as
established by this chapter and as authorized under Sections 8396
and 8707(6) of the Act.
An act or omission that is prohibited by this Code or any
ordinance of the City, but which is not a crime under this Code or
other ordinance, and for which civil sanctions, including, but not
limited to, fines, damages, expenses and costs may be ordered as authorized
by Chapter 87 of the Act, as amended.[2] A municipal civil infraction is not a lesser included
offense of a violation of this Code 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 one or more municipal civil infraction violation(s)
by the person cited.
A written notice, other than a municipal civil infraction
citation, prepared by an authorized City official, directing a person
to appear at the City of Holland Municipal Civil Infractions Bureau
and to pay the fine(s) and costs, if any, prescribed for the municipal
civil infraction(s) by the schedule of civil fines adopted by the
City, as authorized under Sections 8396 and 8707(6) of the Act.
A second (or any subsequent) municipal civil infraction violation
of the same requirement or provision which is committed by a person
within a twenty-four-month period of a prior violation (unless some
other period is specifically provided by this Code or any ordinance)
and for which the person admits responsibility or is determined to
be responsible.
[Ord. No. 1241, 3-24-1999; Ord. No. 1257, 8-4-1999;1-17-2018 by Ord. No. 1704]
(a)
A municipal civil infraction action may be commenced upon the issuance
by an authorized City official of:
(b)
Pursuant to this article, the Department of Public Safety, Police Operations and its officers and any of the other enforcing officers of Chapters 4, 6, 8, 11, 12, 14, 18, 19, 22, 24, 27 and 29 of this Code shall be authorized to enforce municipal civil infractions, and they shall all automatically be deemed "authorized City officials" pursuant to this article.
[Ord. No. 1241, 3-24-1999]
(a)
Bureau established. The City hereby establishes the City of Holland
Municipal Civil Infractions Bureau ("the Bureau") as authorized under
Sections 8396 and 8707(6) of the Act to accept admissions of responsibility
for municipal civil infractions in response to municipal civil infraction
notices issued and served by authorized City officials, and to collect
and retain civil fines and costs as prescribed by this Code or any
ordinance.
(b)
Location; supervision; employees; rules and regulations. The Bureau
shall be located at City hall and shall be under the supervision and
control of the City treasurer. The City treasurer, subject to the
approval of the City Council, shall adopt rules and regulations for
the operation of the Bureau and shall appoint any necessary qualified
City employees to administer 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 notice (rather than a municipal
civil infraction 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 City 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 any person 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 or in
any way diminish the person's rights, privileges, and protection accorded
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.
(e)
Municipal civil infraction notices; issuance and service. Municipal civil infraction notices shall be issued and served by authorized City officials under the same circumstances and upon the same persons as provided in Section 2-116 of this chapter for municipal civil infraction citations.
(f)
Municipal civil infraction notices; contents and form. In addition
to any other information required by this Code or other ordinance,
the municipal civil infraction notice shall indicate the following:
(1)
The time by which the alleged violator must appear at the Bureau;
(2)
The methods by which an appearance at the Bureau 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 for failure to appear at the Bureau and pay
the required fine within the required time.
(g)
Municipal civil infraction notices; appearance; payment of fines
and costs. An alleged violator who receives a municipal civil infraction
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 notice. An appearance may be made by mail, in person, or
by representation.
(h)
Municipal civil infraction notices; procedure where admission of
responsibility not made or where fine not paid. If an authorized City
official issues and serves a municipal civil infraction 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, then 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 Sections 8705 and 8709 of the Act, but shall consist
of a sworn complaint containing the allegations stated in the municipal
civil infraction notice and shall fairly inform the alleged violator
how to respond to the citation.
[Ord. No. 1241, 3-24-1999]
(a)
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 municipal civil infraction citation.
(b)
An authorized City official may issue a municipal civil infraction
citation to a person if:
(1)
Based upon an investigation, the official has reasonable cause
to believe that the person is responsible for a municipal civil infraction;
or
(2)
Based upon an 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
in writing the issuance of the citation.
(c)
Municipal civil infraction citations shall be served by an authorized
City official as follows:
(1)
Except as provided by Section 2-116(c)(2), 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 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. For the purposes of this
article, the owner shall be presumed to be the person or entity designated
or listed on the tax rolls maintained by the City for the land, building,
or structure.
[Ord. No. 1241, 3-24-1999]
(a)
A municipal civil infraction 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 time for appearance specified in a municipal civil infraction
citation shall be within a reasonable time after the citation is issued.
(c)
The place for appearance specified in a municipal civil infraction
citation shall be the district court.
(d)
The municipal civil infraction citation shall inform the alleged
violator 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 informal hearing before a judge or
district court magistrate, without the opportunity for 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.
(e)
The municipal civil infraction 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, then 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,
then 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 City.
(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.
(f)
The municipal civil infraction 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 in the municipal
civil infraction action.
(g)
A municipal civil infraction 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."
(h)
Each municipal civil infraction citation shall be numbered consecutively
and shall be in a form approved by the state court administrator.
(i)
The original municipal civil infraction 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 8705
of the Act.
[Ord. No. 1241, 3-24-1999; Ord. No. 1249, 5-5-1999; 5-12-2021 by Ord. No. 1792]
(a)
A schedule of civil fines payable to the Bureau for admissions of
responsibility by persons served with municipal civil infraction notices
is hereby established. The civil fines for the classes of municipal
civil infractions are as follows:
|
Schedule of Civil Fines
| |||
|---|---|---|---|
|
Class
|
First Offense
|
Second Repeat Offense Within 24 Months
|
Third and Subsequent Repeat Offenses Within 24 Months
|
|
I
|
$50
|
$100
|
$200
|
|
II
|
$100
|
$200
|
$400
|
|
III
|
$200
|
$300
|
$500
|
(b)
A copy of this schedule, as amended from time to time, shall be posted
at the Bureau.
(c)
This schedule shall apply to all municipal civil infractions unless
another fine is specifically set forth in this Code as applicable
to a particular municipal civil infraction.
(d)
A separate offense shall be deemed committed each day during or on
which a violation or noncompliance occurs or continues, unless otherwise
provided.
[Ord. No. 1241, 3-24-1999]
The failure of an alleged violator to answer a citation or notice
to appear in court for a municipal civil infraction is a misdemeanor,
and the failure of an alleged violator to appear as directed by a
citation or other notice at a scheduled appearance, at a scheduled
informal hearing, or at a scheduled formal hearing, shall result in
the court entering a default judgment against the alleged violator
in the municipal civil infraction action.
[Ord. No. 1241, 3-24-1999]
No officer, agent, employee, or member of the City of Holland
shall render himself or herself personally liable for any damage which
may occur to any person or entity as the result of any act or decision
performed in the discharge of his or her duties and responsibilities
pursuant to this article.
