The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. Any word or term
not defined in this section shall be considered to be defined in accordance
with its common or standard definitions.
ACT
Public Act No. 236 of 1961 (MCLA § 600.101 et seq.,
MSA § 27A.101 et seq.).
AUTHORIZED VILLAGE OFFICIAL
A law enforcement officer or other personnel of the Village
authorized to issue municipal civil infractions or municipal civil
infraction violation notices.
[Amended 12-18-2023 by Ord. No. 387]
BUREAU
The Spring Lake Village Municipal Ordinance Violations Bureau
as established by this chapter.
MUNICIPAL CIVIL INFRACTION
An act or omission that is prohibited by ordinance of the
Village, but which is not a crime under this chapter or other ordinances
of the Village, 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 (MCLA § 600.8701
et seq., MSA § 27A.8701 et seq.). A municipal civil infraction
is not a lesser included offense of a violation of the ordinances
of the Village which is a criminal offense.
MUNICIPAL CIVIL INFRACTION CITATION
A written complaint or notice prepared by an authorized Village
official, directing a person to appear at court of law regarding the
occurrence or existence of a municipal civil infraction violation
by the person cited.
MUNICIPAL CIVIL INFRACTION DETERMINATION
A determination that a defendant is responsible for a municipal
civil infraction by one of the following:
A.
An admission of responsibility for the municipal civil infraction;
B.
An admission of responsibility for the municipal civil infraction
with explanation;
C.
A preponderance of the evidence at an informal hearing or formal
hearing; or
D.
A default judgment for failing to appear as directed by citation
or other notice.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE
A written notice prepared by an authorized Village official,
directing a person to appear at the Bureau and to pay the fine and
costs, if any, prescribed for the violation by the schedule of civil
fines adopted by the Village, as authorized under Sections 8396 and
8707(6) of the Act [MCLA §§ 600.8396, 600.8707(6),
MSA §§ 27A.8376, 27A.8707(6)].
A municipal civil infraction may be commenced upon the issuance
by an authorized Village 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 Bureau.
Municipal civil infraction citations shall be issued and served
by authorized Village officials as follows:
A. The time for appearance specified on a citation shall be within a
reasonable time after the citation is issued.
B. The place for appearance specified on a citation shall be the County
District Court unless the person cited for a municipal civil infraction
is under the age of 17 at the time of the occurrence of the violation,
at which time the matter shall be referred to the County Probate Court.
C. Each citation shall be numbered consecutively, shall be in the form
approved by the state court administrator, and shall consist of the
following parts:
(1) The original, which is a complaint and notice to appear, shall be
filed with the County District Court;
(2) The first copy shall be retained by the Village and/or the ordinance
enforcing agency;
(3) The second copy shall be issued to the alleged violator if the violation
is a municipal civil infraction; and
(4) The third copy shall be issued to the alleged violator if the violation
is a misdemeanor.
D. A citation for a municipal civil infraction signed by an authorized
Village 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 Village 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 Village 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, 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 Village Attorney approves in writing the issuance
of the citation.
G. Municipal civil infraction citations shall be served by an authorized
Village official as follows:
(1) Except as provided in Subsection
G(2) of this section, an authorized Village 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 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.
The sanction for a violation which is a municipal civil infraction
shall be a civil fine in the amount as provided by ordinance, plus
any costs, damages, expenses and other sanctions, as authorized under
Chapter 87 of Public Act No. 236 of 1961 (MCLA § 600.8701
et seq., MSA § 27A.8701 et seq.), and other applicable laws.
[Amended 12-18-2023 by Ord. No. 387]
The Village Manager or their designee, the Village Zoning Administrator,
the Village Building Inspector, the Fire Chief or the Fire Inspector
appointed by the Fire Chief, members of the Ottawa County Sheriff's
Department whose services are contracted for by the Village, and any
other individuals who may, from time to time, be appointed by resolution
of the Village Council, are each designated as authorized Village
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 Bureau)
as provided by this chapter.