This chapter shall be known and cited as the "Municipal Civil
Infractions Ordinance."
[Amended 7-10-2018 by Ord. No. 353]
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:
AUTHORIZED VILLAGE OFFICIAL
Any of the following personnel, which are hereby authorized
to issue municipal civil infraction violation notices and municipal
civil infraction citations:
A.
Any peace officer or deputy sheriff.
B.
Village Fire Department officers.
C.
Village Building Inspector or Code Inspector.
D.
Village Ordinance Enforcement Officer or Code Enforcement Officer.
E.
Village utilities officers or public works officers.
BUREAU
The Village Municipal Ordinance Violations Bureau, as established
within this chapter.
COSTS
All financial burdens incurred by the Village as necessary
to remedy a municipal civil infraction, total amounts of which are
owed to the Village by the violator, to be collected by the Municipal
Ordinance Violations Bureau.
FEE
A sum of money owed to the Village by the violator, issued
as a means to compensate the Village for services rendered toward
enforcing, researching, documenting, and processing a municipal civil
infraction violation, to be collected by the Municipal Ordinance Violations
Bureau.
FINE
A sum of money issued as a penalty for a municipal civil
infraction, owed to the Village by the violator, to be collected by
the Municipal Ordinance Violations Bureau.
MICHIGAN STATUTE
Michigan Public Act 236 of 1961, and Michigan Public Act 12 of 1994, as amended.
MUNICIPAL CIVIL INFRACTION CITATION
A written complaint or notice prepared by an authorized Village
official, directing a person to appear in court regarding the occurrence
or existence of a municipal civil infraction.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE
A written complaint or notice prepared by an authorized Village
official, directing a person to appear at the Village Municipal Ordinance
Violations Bureau regarding the occurrence or existence of a municipal
civil infraction and to pay any and all fines, fees, and costs, if
any, prescribed for the violation by the schedule of civil fines,
fees and costs herein.
REPEAT OFFENSE
A civil infraction for which either a municipal civil infraction
violation notice or a municipal civil infraction citation has previously
been issued within the last year (or other such time frame specified
in an applicable ordinance which is alleged to be violated, whichever
the Village wills) and for which the same violator is being once again
issued either a municipal civil infraction violation notice or municipal
civil infraction citation. Each subsequent day during the applicable
time frame in which any such violation continues shall be deemed a
repeat offense.
VIOLATOR
Any individual person, organization, business or company,
or other entity determined to be guilty of a municipal civil infraction.
All violations of active Village ordinances (previously passed,
or yet to be passed) shall be recognized to be municipal civil infractions
pursuant to Michigan Statute, and may be acted upon as such by the
Village in the manners prescribed herein.
A municipal civil infraction action may be commenced upon by
the Village, through the issuance of one or more of the following,
to be issued by an authorized Village official:
A. A municipal civil infraction violation notice; or
B. A municipal civil infraction citation.
Municipal civil infraction citations shall be issued and served
by authorized Village officials as provided in this chapter and by
Michigan Statute. A municipal civil infraction citation shall comply
with the following requirements:
A. The citation shall be in a form approved by the State Court Administrator.
B. Citations shall be numbered consecutively.
C. The citation must include:
(1) The name and address of the alleged violator;
(2) The violation charged (ordinance number and brief description shall
suffice).
D. The original shall constitute a complaint and notice to appear and
shall be filed with the district court, a copy of which shall be served
to the alleged violator, and at least one copy of which shall be kept
on record by the Bureau.
E. The citation shall be signed by an authorized Village official and
as such shall be treated as made under oath.
F. The citation shall specify the location of and contact information
for the district court and a time frame by which the violator shall
be required to contact the court in order to resolve the citation
either by admission of responsibility without explanation and payment-in-full
of fines, fees, and costs, or by scheduling a hearing in court (within
30 days) to plead an admission of responsibility with explanation
or denial of responsibility. A hearing shall be an informal hearing
(appearance in person before a judge or magistrate without the opportunity
of being represented by an attorney) unless a formal hearing (appearance
in person before a judge with the opportunity of being represented
by an attorney) is requested by the alleged violator or the municipality.
G. A notice that the failure of the alleged violator to either resolve
the citation with the District Court within the time specified on
the citation or otherwise appear for their scheduled hearing with
the District Court is a misdemeanor and will result in entry of a
default judgment against the alleged violator for the municipal civil
infraction.
The Bureau shall only have authority to accept admissions of
responsibility (without explanation) for municipal civil infractions
for which a municipal civil infraction violation notice (as compared
to a citation) has been issued and served, and to collect and retain
the fines, fees, and costs for such violations as prescribed by the
schedule of civil fives, fees, and costs herein this chapter or future
amendment of this chapter. The Bureau shall not accept payment of
fines, fees, or costs from any person who denies having committed
the alleged violation or who admits responsibility only with explanation.
The Bureau shall not determine or attempt to determine the truth or
falsity of any fact or matter relating to an alleged ordinance violation.
[Amended 7-10-2018 by Ord. No. 353]
Unless a different schedule of civil fines/fees/costs is provided
for by a specific, applicable ordinance, upon admission of responsibility
without explanation for a civil infraction for which a civil infraction
violation notice was issued by an authorized Village official, the
Bureau Clerk or other designated Village employee shall collect and
record payments according to the following schedule:
A. Fines. Fines shall be imposed as follows:
(1) First municipal civil infraction: no less than $100.
(2) Repeat offense: no less than $250.
(3) Subsequent repeat offenses: $500.
B. Fees.
(1) Fees may also be issued in proportion to the hours required by Village
personnel to research, document, and process such municipal civil
infraction violation notices.
(a)
Fee rate shall be: $25 per hour (minimum of one hour).
(2) If fees are assessed, documentation of all hours worked by the Bureau
Clerk or other duly appointed Village personnel on such matters shall
be recorded.
C. Costs.
(1) Costs incurred by the Village may be issued in addition to the fines
and fees listed above, pursuant to state law.
(a)
Costs shall be: as necessary to make whole the Village, as relates
to the remedying of the municipal civil infraction.
(2) If costs are assessed, documentation of all expenses incurred by
the Village shall be recorded by the Bureau Clerk or other duly appointed
Village personnel.
D. Amendment of the schedule. The Village Council may, at a later point
in time, by resolution, adopt changes to this schedule of civil fines,
fees, and costs.
The Bureau Clerk or other designated Village employee shall
retain a copy of all municipal civil infraction violation notices
and citations, and shall account to the Village Council once a month
or at such other intervals as the Village Council may require concerning
the number of admissions and denials of responsibility for ordinance
violations within the jurisdiction of the Bureau and the amount of
fines, fees, and costs collected with respect to such violations.
The civil fines, fees, and costs collected shall be delivered/paid
to the Village Treasurer or his/her designated representative, and
shall be deposited in the general fund of the Village.
An announcement of this chapter shall be published in "The Voice
News" as required by law following adoption by the Village Council
and shall become effective 20 days after publication.