[Adopted 4-22-1986 by Ord. No. 49 (Ch. 14, Art. II, of the
2007 Code of Ordinances)]
The following persons, being public servants of the Township,
shall be authorized to issue and serve upon persons appearance tickets
with respect to alleged violations of ordinances and codes of the
Township in such cases as such public servants have reasonable cause
to believe that such persons have committed violations of an ordinance
or code of the Township:
A. The Township
Supervisor; and
B. The Township
Zoning Inspector.
As used in this article, the following terms shall have the
meanings indicated:
APPEARANCE TICKET
A complaint or written notice issued and subscribed by a public servant, authorized in §
52-1, directing a designated person to appear in a designated local criminal court at a designated future time in connection with his alleged commission of a specified violation or violations of Township ordinance or code for which the maximum permissible penalty is provided in §
1-2.
[Adopted 6-23-1998 by Ord. No. 80 (Ch. 14, Art. III, of the
2007 Code of Ordinances)]
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:
MUNICIPAL CIVIL INFRACTION
A violation of a provision of a Township ordinance for which
the remedy and/or penalty is prescribed to be a civil fine, or other
sanction other than a criminal penalty. A municipal civil infraction
is not a lesser included offense of a criminal offense or of an ordinance
violation that is not a civil infraction.
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.
D.
A default judgment for failing to appear at a scheduled appearance.
REPEAT OFFENSE
A determination of responsibility for a second, or any subsequent,
municipal civil infraction with regard to the same ordinance, committed
by the same person within any three-year period, unless some other
period is specifically provided with regard to a specific ordinance
provision.
RESPONSIBLE or RESPONSIBILITY
A determination entered by a court or Magistrate that a person
is in violation of a provision of a Township ordinance prescribed
to be a municipal civil infraction.
VIOLATION
Any act which is prohibited or made or declared to be unlawful
or an offense under a Township ordinance, including affirmative acts
as well as omissions and/or failures to act where that act is required
by these ordinances.
A municipal civil infraction action may be commenced upon the
issuance of a municipal civil infraction citation by an authorized
official of the Township directing the person alleged to be responsible
to appear in court.
The form of citations used to charge municipal civil infraction
violations shall be in accordance with state law (MCLA § 600.8709).
The basis for issuance of a municipal civil infraction citation
shall be as follows:
A. An authorized official who witnesses a person violate an ordinance,
the violation of which is a municipal civil infraction, shall prepare
and subscribe, as soon as possible and as completely as possible,
an original and three copies of a citation.
B. An authorized official may issue a citation to a person if, based
upon investigation, the official has reasonable cause to believe that
a person is responsible for a municipal civil infraction.
C. An authorized official may issue a citation to a person if, based
upon investigation of a complaint by someone who allegedly witnessed
a 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 a municipal civil infraction and if
the attorney for the Township approves in writing the issuance of
the citation.