[Code 1974, §§ 124-2, 125-3; Ord. No. 2010-06, 4-11-2010]
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:
AUTHORIZED TOWNSHIP OFFICIAL
The Township Manager, Chief Building Inspector, building
inspectors, rental housing inspectors, code enforcement officers,
Township police officers, Township fire inspectors, chief engineer,
project engineers, engineering technicians, facilities superintendent,
park rangers or other personnel of the Township authorized by this
Code to issue municipal civil infraction citations or municipal civil
infraction violation notices.
BUREAU
The Charter Township of Meridian Municipal Ordinance Violations
Bureau as established by this Code.
MUNICIPAL CIVIL INFRACTION
An act or omission that is prohibited by this Code, but which
is not a crime under this Code, 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 included offense
of a violation of this Code that is a criminal offense.
MUNICIPAL CIVIL INFRACTION CITATION
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.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE
A written notice prepared by an authorized Township official
directing a person to appear at the Township's 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
Board, as authorized under §§ 8396 and 8707 of Public
Act No. 236 of 1961 (MCL § 600.8396, 600.8707).
VIOLATION
An act which is prohibited and made or declared to be a municipal
civil infraction by this Code, including any omission or failure to
act where the act is required by this Code.
Cross reference: Definitions generally, § 1-2.
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[Code 1974, § 124-3]
A municipal civil infraction action may be commenced upon the
issuance by an authorized Township official of a municipal civil infraction
citation directing the alleged violator to appear in court or a municipal
civil infraction violation notice directing the alleged violator to
appear at the Township municipal ordinances violations bureau pursuant
to Division 2 of this article.
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State law reference: Similar provisions, MCL 600.8703.
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[Code 1974, § 124-4]
Municipal civil infraction citations shall be issued and served
by authorized Township officials as follows:
(1) The time for appearance specified in a citation shall be within 10
days after the citation is issued.
(2) The place for appearance specified in a citation shall be the district
court.
(3) Each citation shall be numbered consecutively and shall be in a form
approved by the state court administrator. The original citation shall
be filed with the district court. Copies of the citation shall be
retained by the Township and issued to the alleged violator as provided
by § 8705 of the Revised Judicature Act of 1961 (MCL § 600.8705).
(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
of 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 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 approved 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 by 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 citation does
not need to be personally served upon the alleged violator, but may
be served on 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.
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State law reference: Commencement of municipal
civil infraction actions, form, and content of citation, issuance
of citation and service thereof, MCL 600.8703 — 600.8707.
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[Code 1974, § 125-2]
The Township hereby establishes a municipal ordinance violations
bureau ("bureau") as authorized under the Revised Judicature Act of
1961 (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 cost as prescribed by this
Code or any ordinance.
[Code 1974, § 125-3]
The bureau shall be located at the Township municipal building
and shall be under the supervision and control of the bureau clerk.
The bureau clerk, 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.
All personnel of the bureau shall be employees of the Township.
[Code 1974, § 125-4]
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 Code 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 rights, privileges, and protection
accorded by law.
[Code 1974, § 125-5]
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.
[Code 1974, § 125-6]
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 subsections
2-108(6) and
(7) of this chapter. In addition to any other information required by this Code or other ordinance, the notice of violation shall indicate the violation, the time by which the alleged violator must appear at the bureau for the purposes of admitting or denying responsibility for the violation, the methods by which an appearance may be made, the address and telephone number of the bureau, the days and hours during which the bureau is open, the amount of the fines/costs scheduled for the alleged violation, and the consequences for failure to appear and pay the required fines/costs within the required time.
[Code 1974, § 125-7]
Nothing in this division shall be deemed to require the Township
to initiate its municipal civil infraction ordinance enforcement activity
through the issuance of an ordinance violations notice. As to each
ordinance designated as a municipal civil infraction, the Township
may, at its sole discretion, proceed directly with the issuance of
municipal civil infraction citation or take such other enforcement
action as authorized by law.
[Code 1974, § 125-8]
The bureau clerk or other designated Township official or employee
shall retain a copy of all municipal ordinance violations notices
and shall account to the Township Board once a month or at such other
intervals as the Township Board may require concerning the number
of admission and denials of responsibility for ordinances violations
within the jurisdiction of the bureau and the amount of fines or costs
collected with respect to such violations. The civil fines or costs
collected shall be delivered to the Township Treasurer at such intervals
as the treasurer shall require, and shall be deposited in the general
fund of the Township.
[Code 1974, § 125-9]
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.
[Code 1974, § 125-10]
If an authorized Township official issues and serves a municipal
ordinance violation notice and if an admission of responsibility is
not made and 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 violators 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 §§ 8705
and 8709 of Public Act No. 236 of 1961 (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. The citation
shall thereafter be processed in the manner required by law.
