[HISTORY: Adopted by the City Commission of the City of Lapeer
as Ch. 41 of the 1978 General Ordinances; amended in its entirety 8-21-2017. Subsequent amendments noted
where applicable.]
This chapter shall be known and cited as the "Appearance Ticket
Authorization Ordinance."
It is the intent and purpose of this chapter to identify and
authorize certain public servants of the City to issue and serve appearance
tickets as provided by Public Act No. 366 of 1984 (MCLA § 764.9c
et seq.).
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:
A complaint or written notice, on a form determined by the
attorney general, state court administrator and director of the department
of state police as modified with the prior approval of said state
officials to accommodate local enforcement and court procedures and
practices, issued and subscribed by a public servant authorized by
this chapter, directing a designated person to appear in a designated
local criminal court at a designated future time in connection with
an alleged designated violation of a City ordinance for which the
maximum permissible penalty does not exceed 90 days in jail and/or
fine of $500. This chapter shall not apply to civil infractions written
as uniform traffic citations or as authorized under the Uniform Traffic
Code.
Preparing an appearance ticket by placing on it all known
and available information required on the ticket for the alleged violation
and person to whom it is directed.
Personal delivery or mailing by registered or certified mail,
return receipt requested, delivery restricted to addressee, receipt
of which is acknowledged by signature of the addressee on the return
receipt.
Pursuant to MCLA § 764.9c (1) and (2), the City Manager,
Building Official, ordinance officer, any member of the police department
or fire department, and such other officers, employees, inspectors
or public servants of the City who are authorized or responsible for
the enforcement of one or more City ordinances pursuant to state law,
City ordinances and codes or resolutions of the City Commission, are
hereby authorized to issue and serve appearance tickets when they
have reasonable cause to believe that a person has violated a City
ordinance, enforcement of which is the responsibility or within the
authority of the public servant or applicable statute has occurred
pursuant to MCLA § 764.9f.
Except where otherwise specifically required by ordinance, any police officer, building enforcement officer or other person charged with enforcing any City ordinance as set forth in § 41-4 above may proceed as provided in this section upon discovering a violation of a City ordinance. The officer or other person enforcing a City ordinance may issue an appearance ticket, otherwise known as a "citation," on forms prepared by the City. Blanks on the form shall be filled in, informing the person receiving the ticket of the following information:
A.Â
The date of the alleged violation.
B.Â
The nature of the alleged violation, such as "driving 40 miles per
hour in a 35 miles per hour zone," or "failure to obtain a building
permit."
C.Â
The place where the alleged violation took place.
D.Â
The number of the ordinance and section violated.
E.Â
A date, time and place when the matter will be heard in court.
Nothing in this chapter shall preclude the City or any authorized
officer from proceeding by any other enforcement method.
