[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
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.
AUTHORIZED OFFICIAL
Any public officer, agent or personnel authorized by ordinance to issue municipal civil infractions and any police officer having jurisdiction within the City.
FINE; FINE SCHEDULE
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.
MUNICIPAL CIVIL INFRACTION
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.
MUNICIPAL CIVIL INFRACTION ACTION
A civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
MUNICIPAL CIVIL INFRACTION CITATION
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.
PERSON
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.