[Ord. No. CI-I, 11-10-1994]
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:
Public Act No. 236 of 1961 (MCL 600.101 et seq.).
A police officer or other personnel of the Township authorized
by ordinance to issue municipal civil infraction citations or municipal
civil infraction violation notices.
The Township municipal ordinance violations bureau as established
by this article.
An act or omission that is prohibited by ordinance of the
Township, but which is not a crime under this article or other ordinances
of the Township, and for which civil sanctions, including without
limitation, fines, damages, expenses and costs, may be ordered, as
authorized by Chapter 87 of Public Act No. 236 of 1961 (MCL 600.8701
et seq.). A municipal civil infraction is not a lesser and included
offense of a violation of the ordinances of the Township, which is
deemed 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 Township
official, directing a person to appear at the Township municipal ordinance
violations bureau regarding the occurrence or existence of a municipal
civil infraction violation by the person cited.
A determination that a defendant is responsible for a municipal
civil infraction by one of the following:
An admission of responsibility for the municipal civil infraction;
An admission of responsibility for the municipal civil infraction
with explanation;
A preponderance of the evidence at an informal hearing or formal
hearing;
A default judgment for failing to appear as directed by citation
or other notice.
A written notice prepared by an authorized Township official,
directing a person to appear at the Township municipal ordinance violations
bureau and to pay the fine and costs, if any, as authorized under
sections 8396 and 8707(6) of the Act (MCL 600.8396, 600.8707(6)).
[Ord. No. CI-1, 11-10-1994]
A municipal civil infraction may be commenced upon the issuance
by an authorized Township official of:
[Ord. No. CI-1, 11-10-1994]
Municipal civil infraction citations shall be issued and served
by authorized Township officials as follows:
(1)
The time for appearance specified on a citation shall be within a
reasonable time after the citation is issued.
(2)
The place for appearance specified on a citation shall be the district
court unless the person cited for a municipal civil infraction is
under the age of 17 years at the time of the occurrence of the violation,
in which case the matter shall be referred to the probate court.
(3)
Each citation shall be numbered consecutively, shall be in the form
approved by the state court administrator and shall consist of the
following parts:
a.
The original, which is a complaint and notice to appear, shall be
filed with the district court;
b.
The first copy shall be retained by the Township and/or the ordinance
enforcing agency;
c.
The second copy shall be issued to the alleged violator if the violation
is a municipal civil infraction; and
d.
The third copy shall be issued to the alleged violator if the violation
is a misdemeanor.
(4)
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."
(5)
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.
(6)
An authorized Township official may issue a citation to a person
if:
a.
Based upon investigation, the official has reasonable cause to believe
that the person is responsible for a municipal civil infraction; or
b.
Based upon investigation of a complaint by someone who allegedly
witnessed the person violate an ordinance, a violation of which is
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 Township Attorney approves in writing the
issuance of the citation.
(7)
Municipal civil infraction citations shall be served by an authorized
Township official as follows:
a.
Except as provided in subsection (7)b. of this section, an authorized
Township official shall personally serve a copy of the citation upon
the alleged violator.
b.
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 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 citation
served in accordance with this subsection for a violation involving
the use or occupancy of land or a building or other structure shall
be processed in the same manner as a citation served personally upon
a defendant.
[Ord. No. CI-1, 11-10-1994]
(a)
A municipal civil infraction citation shall contain the name of the
Township and the name and the 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)
A municipal civil infraction 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, 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 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. A party requesting
a formal hearing shall notify the court and the Township or other
named party of the request at least 10 days before the hearing date,
which request may be made in person, by representation, by mail or
by telephone.
(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 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 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. Return of
the citation with an admission of responsibility and with full payment
of applicable civil fines and costs, return of citation with an admission
of responsibility with explanation and with full payment of applicable
civil fines and costs, or timely application to the court for a scheduled
date and time for an appearance under subsection (c)(1) of this section
or a hearing under subsection (c)(2) of this section constitutes a
timely appearance.
(e)
If an authorized Township official issues a citation as set forth
in this section, the court may accept an admission with explanation
or an admission or denial of responsibility without the necessity
of a sworn complaint. If the defendant denies responsibility for the
municipal civil infraction, further proceedings shall not be held
until a sworn complaint is filed with the court. A warrant for arrest
for failure to appear on the municipal civil infraction citation shall
not be issued until a sworn complaint relative to the municipal civil
infraction is filed with the court.
[Ord. No. CI-1, 11-10-1994]
(a)
The Township hereby establishes a municipal ordinance violations
bureau (the 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 Township officials, and to collect
and retain civil fines and costs as prescribed by ordinance. The expenses
of operating the bureau shall be borne by the Township, and the personnel
of the bureau shall be Township employees.
(b)
The bureau shall be located at the the Township hall, and shall be
under the supervision and control of the Township treasurer. The Township
treasurer, subject to the approval of the Township Board, shall adopt
rules and regulations for the operation of the bureau and appoint
any necessary qualified Township employees to administer the bureau.
(c)
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. Nothing in this article 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 or in any way diminish the person's right, privileges
and protection accorded by law.
(d)
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.
[Ord. No. CI-1, 11-10-1994]
(a)
An authorized Township official may issue and serve a municipal civil
infraction violation notice instead of a citation under the same circumstances
and upon the same persons as provided for service of municipal civil
infraction citations. In addition to any other information required
by this article or other ordinances, the violation 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 violation, and the consequences
for failure to appear and pay the required fine within the required
time.
(b)
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)
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, 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 sections 8705 and 8709 of the Act (MCL 600.8705, 600.8709), 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.
[Ord. No. CI-1, 11-10-1994]
(a)
The sanction for a violation which is a municipal civil infraction
shall be a civil fine in the amount as provided, plus any costs, damages,
expenses and other sanctions, as authorized under Chapter 87 of Public
Act No. 236 of 1961 (MCL 600.8701 et seq.), and other applicable laws.
(b)
A violation includes any act which is prohibited or made or declared
to be unlawful or an offense by ordinance; and any omission or failure
to act where the act is required by ordinance.
(c)
Each day on which any violation of ordinance continues constitutes
a separate offense and shall be subject to penalties or sanctions
as a separate offense.
(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 violation of Township ordinance.
[Ord. No. CI-1, 11-10-1994]
The Township Zoning Administrator, members of the Ottawa County
Sheriffs Department assigned to the Township, members of the Ottawa
County Sheriff's Department whose services are contracted for
by the Township, and any other individuals who from time to time may
be appointed by resolution of the Township Board, are hereby designated
as authorized Township officials to issue municipal civil infraction
citations, directing alleged violators to appear in court, or municipal
civil infraction violation notices, directing alleged violators to
appear at the Township municipal ordinance violations bureau, as provided
by this article.
