[HISTORY: Adopted by the City Commission of the City of Lapeer 8-4-2011 (Ch. 62 of the 1978 General
Ordinances). Amendments noted where applicable.]
A procedure to handle certain violations of City ordinances
as civil infractions, subject to the provisions below, is hereby established.
To accommodate the City's desire to address these matters as
such, an infraction procedure has been established for the purpose
of decriminalizing penalties for violations of ordinances of the City
and for the purpose of providing a convenient and practical forum
for the hearing and determination of cases arising out of the violation.
For the purpose of this chapter, certain terms are herein defined:
Act No. 236 of the Public Acts of 1961, as amended, as codified
in MCLA § 600.101 et seq. and MCLA § 600.8701 et seq.
Any public officer, agent or personnel authorized by ordinance
to issue municipal civil infractions and any police officer having
jurisdiction within the City.
The penalty to be imposed for an infraction is a fine or other civil penalty. The appropriate fine shall be determined by reference to the fine schedule in § 62-4 below. The procedure established herein shall be the exclusive procedure for imposing a fine. However, this section shall not be read to prohibit in any way alternative remedies, including abatement, nor shall the City be prohibited from recovering any expense incurred in an abatement procedure.
An act or omission that is prohibited by any ordinance, but
which is not a crime, and for which civil sanctions, including without
limitation, fines, damages, expenses, and costs, may be ordered, as
authorized by MCLA § 600.8727, as amended. A municipal civil
infraction is not a lesser included offense of a violation of this
chapter that is a criminal offense.
A civil action in which the defendant is alleged to be responsible
for a municipal civil infraction.
A written complaint or notice prepared by an authorized official,
directing a person to appear in court regarding the occurrence or
existence of a municipal civil infraction violation by the person
cited.
A person, firm, partnership, corporation or association of
persons.
The procedures set forth herein shall apply to those code and
ordinance violations classified as civil infractions by the City.
A.
Unless a violation of an ordinance is specifically designated in
the ordinance as a municipal civil infraction, the violation shall
be deemed to be a misdemeanor.
B.
The sanction for a violation which is a municipal civil infraction
shall be a civil fine in an amount as provided by this chapter or
any ordinance, plus any cost, damages, expenses, and other sanctions,
as authorized under MCLA § 600.8727, as amended, and other
applicable laws, not to exceed the sum $500, unless otherwise provided
by law.
(1)
Unless otherwise specifically provided for, the civil fine for a
particular municipal civil infraction violation shall be not less
than $150, plus costs and other sanctions, for each infraction.
(2)
Increased civil fines may be imposed for repeated violations by a
person of any ordinance provision. As used in this section, "repeated
offense" means a second (or any subsequent) municipal civil infraction
violation of the same requirement or provision: committed by a person
within any six-month period, unless some other period is specifically
provided by ordinance; and for which the person admits responsibility
or is determined to be responsible. Unless otherwise specifically
provided by ordinance for a particular municipal civil infraction
violation, the increased fine for a repeat offense shall be as follows:
(a)
The fine for any offense which is a first repeat offense shall
be no less than $200, plus costs.
(b)
The fine for any offense which is a second repeat offense or
any subsequent repeat offense shall be no less than $250, plus costs.
(c)
The fine for any offense which is a third repeat offense or
any subsequent repeat offense shall be no less than $500, plus costs.
(d)
A "violation" includes any act which is prohibited by any ordinance
or any omission or failure to act where the act is required by any
ordinance.
(e)
Each day on which any violation of any ordinance continues constitutes
a separate offense and shall be subject to penalties or sanctions
as a separate offense.
(f)
In addition to any remedies available at law, the City may bring
an action for an injunction or other process against a person to restrain,
prevent, or abate any violation of the ordinance.
A municipal civil infraction action may be commenced upon the
issuance by an authorized official of a municipal civil infraction
citation directing the alleged violator to appear in court. The Uniform
Traffic Citation and Complaint form may be used as the citation, complaint,
and summons for purposes of enforcing civil infractions.
Municipal civil infraction citations shall be issued and served
by authorized officials as follows:
A.
The time for appearance specified in a citation shall be within a
reasonable time after the citation is issued.
B.
The place for appearance specified in a citation shall be the District
Court.
C.
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 authorized official and issued to the alleged violator
as provided by MCLA § 600.8705.
D.
A citation for a municipal civil infraction signed by an authorized
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 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 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 commit a municipal civil infraction, the official
has reasonable cause to believe that the person is responsible for
an infraction and if the municipal attorney approves in writing the
issuance of the citation.
G.
Municipal civil infraction citations shall be served by an authorized
official as follows:
(1)
Except as provided by § 62-6G(2), an authorized official shall personally serve a copy of the citation upon the alleged violator.
(2)
If the municipal civil infraction 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 upon an owner or occupant of the land, building, or structure
by posting the copy of the citation 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.
A municipal ordinance citation shall contain the name and address
of the alleged violator, the municipal civil infraction alleged, the
place where the alleged violator shall appear in court, the telephone
number of the court, and the time at or by which the appearance shall
be made.
B.
Further, the citation shall inform the alleged violator that he or
she may do one of the following:
(1)
Admit responsibility for the municipal civil infraction by mail,
in person, or by representation, at or by the time specified for appearance;
(2)
Admit responsibility for the municipal civil infraction "with explanation"
by mail by the time specified for appearance or in person; or
(3)
Deny responsibility for the municipal civil infraction by doing either
of the following:
(a)
Appearing in person for an informal hearing before a judge or
district court magistrate, without the opportunity of being represented
by an attorney, unless a formal hearing before a judge is requested
by the authorized official or municipal attorney.
(b)
Appearing in court for a formal hearing before a judge, with
the opportunity of being represented by an attorney.
C.
The citation shall also inform the alleged violator of all of the
following:
(1)
That if the alleged violator desires to admit responsibility "with
explanation" in person or by representation, the alleged violator
must apply to the court in person, by mail, by telephone, or by representation
within the time specified for appearance and obtain a scheduled date
and time for an appearance.
(2)
That if the alleged violator desires to deny responsibility, the
alleged violator must apply to the court in person, by mail, by telephone,
or by representation within the time specified for appearance and
obtain a scheduled date and time to appear for hearing, unless a hearing
date is specified on the citation.
(3)
That a hearing shall be an informal hearing unless a formal hearing
is requested by the alleged violator or the authorized official.
(4)
That at an informal hearing the alleged violator must appear in person
before a judge or district court magistrate without the opportunity
of being represented by an attorney.
(5)
That at a formal hearing the alleged violator must appear in person
before a judge with the opportunity of being represented by an attorney.
D.
The citation shall contain a notice in boldfaced type that the failure
of the alleged violator to appear within the time specified in the
citation or at the time scheduled for a hearing or appearance is a
misdemeanor and will result in entry of a default judgment against
the alleged violator on the municipal civil infraction.
If a defendant has submitted to the court a written statement as provided in § 62-7B(2) above, it constitutes a waiver of hearing and consent to judgment by the court on the basis of the statement and any testimony or written statement of the official, officer or other witnesses which may be presented to the court.
A.
The trial of a civil infraction shall be by either informal hearing
or formal hearing before the court without a jury. The trial of an
infraction shall not commence until such time as directed by the court.
B.
The City shall have the burden of proving the alleged code or ordinance
infraction by a preponderance of the evidence.
C.
The defendant may be represented by counsel in a formal hearing only,
but counsel shall not be provided at public expense. If defense counsel
is to appear, written notice shall be provided to the court and the
City prosecuting official prior to the hearing date prior to the date
of hearing, if possible.
D.
The person alleged to have committed the infraction may subpoena
witnesses in his/her/its defense as allowed by MCLA § 600.8721.
Likewise, the complaining official or City Attorney, as appropriate,
may also issue subpoenas to witnesses on the City's behalf at
the hearing.
E.
After due consideration of the evidence and arguments presented at
the hearing, the court shall determine whether the infraction as alleged
in the complaint has been established. If the infraction is not established,
an order dismissing the complaint shall be entered in the court records.
If a determination is made that an infraction has been committed,
an appropriate order shall be entered in the court records. In addition
to any fine, forfeiture, or both, or other civil penalty, the court
shall assess court costs.
A.
Delinquent fines, and those brought to default judgment which were
assessed for infractions occurring on real property, may be held as
City liens against the real property and collected in the same manner
as other such debts owing to the City if the owner of property is
notified of the infraction before entry of judgment on the lien docket.
B.
Nothing in this section shall prevent the City from revoking or denying
any City license or permit held or desired by a person owing a fine
to the City.
C.
If any person neglects or refuses to pay a fine imposed within the
time allowed by the court, the court shall have the authority to issue
a bench warrant requiring the defendant to appear and show cause why
the defendant should not be found in contempt of court. In determining
whether or not the person is in contempt, the court shall follow the
procedures set forth in MCLA § 600.8729.
The various parts, sections, and clauses of this chapter are
hereby declared to be severable. If any part, sentence, paragraph,
section, or clause is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of the chapter shall not
be affected thereby.
This chapter shall become effective on the date of publication.
