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:
Act No. 236 of the Public Acts of Michigan of 1961 (MCL 600.101
et seq., MSA 27A.101 et seq.), as amended.
A police officer or other personnel of the City authorized
by this article or any ordinance to issue municipal civil infraction
citations or municipal civil infraction violation notices.
The City Municipal Ordinance Violations Bureau, as established
by this article.
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 City
official, directing a person to appear in court regarding the occurrence
or existence of a municipal civil infraction violation by the person
cited.
A written notice prepared by an authorized City official,
directing a person to appear at the City Municipal Ordinance Violations
Bureau and to pay the fine and costs, if any, prescribed for the violation
by the schedule of civil fines adopted by the City, as authorized
under §§ 8396 and 8707(6) of the act (MCL 600.8396,
600.8707(6), MSA 27A.8396, 27A.8707(6)).
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 this Code or any ordinance, and for which the person admits responsibility
or is determined to be responsible.
The following personnel of the City have the authority to issue
municipal civil infraction citations and municipal civil infraction
violation notices pursuant to this article:
A municipal civil infraction action may be commenced upon the
issuance by an authorized City official of:
(a)
Established. The City hereby establishes a Municipal Ordinance Violations
Bureau (Bureau), as authorized under § 8396 of the act (MCL
600.8396, MSA 27A.8396) to accept admissions of responsibility for
municipal civil infractions in response to municipal civil infraction
violation notices issued and served by authorized City officials,
and to collect and retain civil fines and costs as prescribed by this
article or any ordinance.
(b)
Location; supervision; employees; rules and regulations. The Bureau
shall be located at the City police department, and shall be under
the supervision and control of the director of public safety. The
director of public safety, subject to the approval of the City Council,
shall adopt rules and regulations for the operation of the Bureau.
(c)
Disposition of violations. The Bureau may dispose only of municipal
civil infraction violations for which a fine has been scheduled and
for which a municipal civil infraction violation notice, as compared
with a citation, has been issued. The fact that a fine has been scheduled
for a particular violation shall not entitle any person to dispose
of the violation at the Bureau. Nothing in this article shall prevent
or restrict the City from issuing a municipal civil infraction citation
for any violation or from prosecuting any violation in a court of
competent jurisdiction. No person shall be required to dispose of
a municipal civil infraction violation at the Bureau and may have
the violation processed before a court of appropriate jurisdiction.
The unwillingness of any person to dispose of any violation at the
Bureau shall not prejudice the person or in any way diminish the person's
rights, privileges and protection afforded by law.
(d)
Bureau limited to accepting admissions of responsibility. The scope
of the Bureau's authority shall be limited to accepting admissions
of responsibility for municipal civil infractions and collecting and
retaining civil fines and costs as a result of those admissions. The
Bureau shall not accept payment of a fine from any person who denies
having committed the offense or who admits responsibility only with
explanation, and in no event shall the Bureau determine, or attempt
to determine, the truth or falsity of any fact or matter relating
to an alleged violation.
(e)
Municipal civil infraction violation notices. Municipal civil infraction violation notices shall be issued and served by authorized City officials under the same circumstances and upon the same persons as provided for citations in § 2-261(d) and (e) of this article. In addition to any other information required by this article or other ordinance, the notice of violation shall indicate the time by which the alleged violator must appear at the Bureau, the methods by which an appearance may be made, the address and telephone number of the Bureau, the hours during which the Bureau is open, the amount of the fine scheduled for the alleged violation, and the consequences for failure to appear and pay the required fine within the required time.
(f)
Appearance; payment of fines and costs. An alleged violator receiving
a municipal civil infraction violation notice shall appear at the
Bureau and pay the specified fine and costs at or by the time specified
for appearance in the municipal civil infraction violation notice.
An appearance may be made by mail, in person or by representation.
(g)
Procedure where admission of responsibility not made or fine not
paid. If an authorized City official issues and serves a municipal
ordinance violation notice and if an admission of responsibility is
not made and the civil fine and costs, if any, prescribed by the schedule
of fines for the violation are not paid at the Bureau, a municipal
civil infraction citation may be filed with the district court, and
a copy of the citation may be served by first class mail upon the
alleged violator at the alleged violator's last known address. The
citation filed with the court does not need to comply in all particulars
with the requirements for citations as provided by §§ 8705
and 8709 of the act (MCL 600.8705, 600.8709, MSA 27A.8705, 27A.8709),
but shall consist of a sworn complaint containing the allegations
stated in the municipal ordinance violation notice and shall fairly
inform the alleged violator how to respond to the citation.
(a)
A municipal ordinance citation shall contain the name and address
of the alleged violator, the municipal civil infraction alleged to
have been violated, 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 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, in person
or by representation.
(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 City.
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)
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)
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 a hearing, unless a
hearing date is specified on the citation.
(3)
A hearing shall be an informal hearing unless a formal hearing
is requested by the alleged violator or the City.
(4)
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)
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.
(a)
Municipal civil infraction citations shall be issued and served by
authorized City officials as follows:
(1)
The time for appearance specified in a citation shall be within
a reasonable time after the citation is issued.
(2)
The place for appearance specified in a citation shall be the
District Court.
(3)
Each citation shall be numbered consecutively and shall be in
a form approved by the state court administrator. The original citation
shall be retained by the City and issued to the alleged violator as
provided by § 8705 of the act (MCL 600.8705, MSA 27A.8705).
(b)
A citation for a municipal civil infraction signed by an authorized
City 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."
(c)
An authorized City 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.
(d)
An authorized City 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 City Attorney approves in writing the issuance
of the citation.
(e)
Municipal civil infraction citations shall be served by an authorized
City official as follows:
(1)
Except as provided by Subsection (e)(2) of this section, an
authorized City official shall personally serve a copy of the citation
upon the alleged violator.
(2)
If the municipal civil infraction action 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 on the land 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 person served with a municipal civil infraction citation, as provided in § 2-261(e), who fails to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is guilty of a misdemeanor, punishable by a fine of not more than $500. Failure to appear will also result in the entry of a default judgment on the municipal civil infraction.
