[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:
Public Act No. 236 of 1961 (MCL 600.101 et seq.).[1]
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.
The Pittsfield Charter Township 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 Township
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 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)].
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.
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.
The citation shall also 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)
Court appearance.
(a)
Admit responsibility for the municipal civil infraction by doing
either of the following:
[1]
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 Township.
[2]
Appearing in court for a formal hearing before a Judge, with
the opportunity of being represented by an attorney.
(b)
The citation shall also inform the alleged violator of all of
the following:
[1]
That 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 a 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 Township.
[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.
C.
The citation shall contain a notice in boldface 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 will
result in entry of a default judgment against the alleged violator
with respect to the municipal civil infraction.
A.
Established. The Township establishes a Municipal Ordinance Violations
Bureau as authorized under Section 8396 of the Act (MCL 600.8396)
to accept admissions of responsibility of municipal civil infractions
in response to municipal civil infraction violation notices issued
and served by authorized Township officials, and to collect and retain
civil fines and costs as prescribed by this Code or any ordinance.
B.
Location; supervision; employees; rules and regulations. The Bureau
shall be located at the Township Hall and shall be under the supervision
and control of the Township Treasurer. The Township Treasurer, subject
to the approval of the Township Board of Trustees, shall adopt rules
and regulations for the operation of the Bureau and appoint any necessary
qualified Township employees to administer 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 violations 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 Township 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 accorded 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 Township officials under the same circumstances and upon the same persons as provided for citations as provided in § 2-38. In addition to any other information required by this Code or other ordinance, the notice of violation shall indicate the:
(1)
Time by which the alleged violator must appear at the Bureau;
(2)
Methods by which an appearance may be made;
(3)
Address and telephone number of the Bureau;
(4)
Hours during which the Bureau is open;
(5)
Amount of the fine scheduled for the alleged violation; and
(6)
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 Township 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 Sections 8705 and
8709 of the Act (MCL 600.8705 and 600.8709), 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 Schedule of Civil Fines payable to the Bureau for admissions of
responsibility by persons served with municipal ordinance violation
notices is established as follows. Except as provided for in the Schedule
of Civil Fines, civil fines for violations shall be as follows:[1]
|
Schedule of Civil Fines
| ||||
|---|---|---|---|---|
|
Name and Code Section
|
First Offense
|
First Repeat Offense
|
Second Repeat Offense
| |
|
$100
|
$250
|
$500
| ||
|
$100
|
$250
|
$500
| ||
|
$100
|
$250
|
$500
| ||
|
$100
|
$250
|
$500
| ||
|
$25
|
$50
|
$100
| ||
|
$100
|
$250
|
$500
| ||
|
$1,000
|
$2,500
|
$5,000
| ||
|
$50
|
$500
|
$1,000
| ||
|
$500
|
$1,000
|
$2,000
| ||
|
$100
|
$250
|
$500
| ||
|
$25
|
$100
|
$250
| ||
|
Parks and Recreation, Ch. 16
|
$25
|
$50
|
$100
| |
|
$25
|
$50
|
$100
| ||
|
$25*
|
$50*
|
$100*
| ||
|
NOTES:
| ||
|---|---|---|
|
*
|
In addition to mowing charges if any.
| |
(1)
Unless a violation of an ordinance of the Township is specifically
designated by ordinance as a municipal civil infraction, the violation
shall be deemed to be a misdemeanor.
(2)
The penalty for a misdemeanor violation shall be a fine not exceeding
$500 (plus costs of prosecution), or imprisonment not exceeding 90
days, or both, unless a specific penalty is otherwise provided for
the violation by ordinance.
(3)
Unless otherwise specifically provided by ordinance for a particular
municipal civil infraction violation, the sanction for a violation
that is a municipal civil infraction shall be a civil fine in the
amount as provided by this article, plus any costs, damages, expenses
and other sanctions, as authorized under Chapter 87 of the Act (MCL
600.8701 et seq.) and other applicable laws.
(a)
Unless otherwise specifically provided for a particular municipal
civil infraction violation by any ordinance, fine for a violation
shall be $50, plus costs and other sanctions, for each infraction.
(b)
Increased civil fines shall be imposed for repeated violations
by a person of any requirement or provision of any ordinance. Unless
otherwise specifically provided by ordinance for a particular municipal
civil infraction violation, the increased fine for a repeat offense
shall be as follows:
(4)
A violation includes any act prohibited or made or declared to be
unlawful or an offense by ordinance; and any omission or failure to
act where the act is required by ordinance.
(5)
Each day on which any violation of any ordinance continues constitutes
a separate offense and shall be subject to penalties or sanctions
as a repeat offense.
(6)
In addition to any remedies available at law, the Township may bring
an action for an injunction or other process against a person to restrain,
prevent or abate any violation of any Township ordinance.
