[Ord. No. 119,
§ 1, 4-17-2000]
This Ordinance shall be known and cited as the Chesterfield
Township Municipal Civil Infraction Ordinance.
[Ord. No. 119,
§ 2, 4-17-2000]
This ordinance is adopted in accordance with and pursuant to
Act 12, Public Acts of 1994 and Act 246, Public Acts of 1945, as amended.
[Ord. No. 119,
§ 3, 4-17-2000]
(a)
AUTHORIZED TOWNSHIP OFFICIAL — Shall mean a police officer,
zoning enforcement officer, or other personnel authorized by resolution
of the township board to issue a municipal civil infraction citation.
(b)
MUNICIPAL CIVIL INFRACTION — Shall mean an act or commission
that is prohibited by any ordinance of the township, 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.
(c)
MUNICIPAL CIVIL INFRACTION CITATION — Shall mean a civil infraction
in which the defendant is alleged to be responsible for a municipal
civil infraction.
(d)
MUNICIPAL CIVIL INFRACTION DETERMINATION — Shall mean a determination
that a defendant is responsible for a municipal civil infraction by
one of the following:
(1)
An admission of responsibility for the municipal civil infraction.
(2)
An admission of responsibility for the municipal civil infraction,
"with explanation."
(3)
A preponderance of the evidence at an informal hearing or formal
hearing.
(4)
A default judgment for failing to appear as directed by citation
or other notice.
(e)
MUNICIPAL ORDINANCE VIOLATION NOTICE — Shall mean a notice,
other than a citation, directing a person to appear at a municipal
ordinance violations bureau in the township to pay the fine and costs,
if any, prescribed by ordinance for the violation of the ordinance.
[Ord. No. 119,
§ 4, 4-17-2000]
[Ord. No. 119,
§ 5, 4-17-2000]
(a)
Form of citation. Each citation shall be numbered consecutively,
be in a form as approved by the state court administrator, and consist
of the following parts:
(1)
The original, which is a complaint and notice to appear by the authorized
township official and shall be filed with the 42nd-2 court.
(2)
The first copy, which shall be retained by the township.
(3)
The signed copy, which shall be issued to the alleged violator if
the violation is municipal civil infraction.
(b)
Modification of citation form. With the prior approval of the state
court administrator, the citation form may be modified as to content
or number of copies to accommodate law enforcement and local court
procedures and practices. Use of this citation for violations other
than municipal civil infractions is optional.
(c)
Under oath. 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 authorized township official signing the complaint and if the
citation contains the following statement immediately above the date
and signature of the official: "I declare under oath the penalty of
perjury that the statements above are true to the best of my information,
knowledge, and belief."
[Ord. No. 119,
§ 6, 4-17-2000]
A municipal civil infraction citation shall be issued and served
by an authorized township official as follows:
(a)
Issuance. 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 any
required copies of a citation. 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 commit a municipal civil infraction, the official
has reasonable cause to believe that the person is responsible for
an infraction and if the township attorney approves in writing the
issuance of the citation.
(b)
Service. A municipal civil infraction citation shall be served by
an authorized township official as follows:
(1)
Except as provided below, an authorized township 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.
[Ord. No. 119,
§ 7, 4-17-2000]
(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)
Further, the 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 of being represented by
an attorney, unless a formal hearing before a judge is requested by
the township; 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 period 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 township.
(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 bold-faced type that the failure
to 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.
[Ord. No. 119,
§ 8, 4-17-2000]
(a)
The sanction for a violation which is municipal civil infraction
shall be a civil fine in the amount as provided by the ordinance violated,
plus any costs, damages, expenses and other sanction, as authorized
under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended,
and other applicable Michigan Statutory 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, "repeat offense" means a second or subsequent admission or
determination of responsibility for the same municipal civil infraction
made within the period as specified by the ordinance violated.
(c)
Each day on which any violation designated as a municipal civil infraction
continues, constitutes a separate offense and shall be subject to
sanction as a separate violation.
(d)
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 municipal civil infraction violation.
[Ord. No. 119,
§ 9, 4-17-2000]
As the township has established a municipal ordinance violations bureau, an authorized township official may issue and serve a municipal ordinance violation notice, instead of a municipal civil infraction citation under the same circumstances and upon the same persons as provided in this article for the service of a citation. 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 ordinance for the violation are not paid at the municipal ordinance violations bureau, a citation may be filed with the 42nd-2 District Court and a copy of the citation may be served by first-class mail upon the alleged violator at his or her last known address. The citation filed with the 42nd-2 District Court pursuant to this section need not comply in all particulars with sections 2-15 and 2-17 but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice and shall fairly inform the defendant how to respond to the citation. A citation issued under this section shall be processed in the same manner as a citation issued personally to a defendant pursuant to section 2-16.
