[Adopted 2-25-2015 by Ord. No. 317 as Ch. 2, Art. VI, of the 2015 Pittsfield
Charter Township Code]
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
Public Act No. 236 of 1961 (MCL 600.101 et seq.).
AUTHORIZED TOWNSHIP OFFICIAL
A police officer, designated ordinance officer, or other
personnel of the Township authorized by resolution of the Township
Board of Trustees or any ordinance, to issue municipal civil infraction
citations (directing alleged violators to appear in court) or municipal
civil infraction violation notices (directing alleged violators to
appear at the Municipal Ordinance Violations Bureau) as provided by
this article.
BUREAU
The Pittsfield Charter Township Municipal Ordinance Violations
Bureau as established by this article.
MUNICIPAL CIVIL INFRACTION CITATION
A written complaint or notice prepared by an authorized Township
official directing a person to appear in court regarding the occurrence
or existence of a municipal civil infraction violation by the person
cited.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE
A written notice prepared by an authorized Township official,
directing a person to appear at the bureau and to pay the fine and
costs, if any, prescribed for the violation by the schedule of civil
fines adopted by the Township, as authorized under Sections 8396 and
8707(6) of the Act [MCL 600.8396 and 600.8707(6)].
REPEAT OFFENSE
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.
A municipal civil infraction action may be commenced upon the
issuance by an authorized Township official of a municipal civil infraction
citation directing the alleged violator to appear in court; or a municipal
civil infraction violation notice directing the alleged violator to
appear at the Bureau.
Municipal civil infraction citations shall be issued and served
by authorized Township 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 Township and issued to the alleged violator as provided
by Section 8705 of the Act (MCL 600.8705).
D. A citation for a municipal civil infraction signed by an authorized
Township 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 Township 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 Township 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 prosecuting attorney or Township Attorney
approves in writing the issuance of the citation.
G. Municipal civil infraction citations shall be served by an authorized
Township official as follows:
(1) Except as provided by Subsection
G(2) of this section, an authorized Township 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 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.