[Adopted 4-18-1995 by Ord. No. 101]
As used in this chapter, the following terms shall have the
meanings indicated:
Act 236 of the Public Acts of 1961, as amended.[1]
The Ordinance Enforcement Officer, Chief of Police, police
officer, or other personnel of the City authorized by this Code or
any other ordinance to issue municipal civil infraction citations
or municipal civil infraction notices.
The City of New Buffalo Ordinance Violations Bureau as established
by this chapter.
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 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
Sections 8396 and 8707(6) of the Act.[2]
A municipal civil infraction action may be commenced upon the
issuance by an authorized City official of:
Municipal civil infraction citations shall be issued and served
by authorized City official 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 a district court
of competent jurisdiction.
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 of competent jurisdiction. Copies of the citation
shall be retained by the City and issued to the alleged violator as
provided by Section 8705 of the Act.[1]
[1]
Editor's Note: See MCLA § 600.8705.
D.
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."
E.
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.
F.
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 prosecuting attorney, the City Attorney,
or the Deputy City Attorney approves in writing the issuance of a
citation.
G.
Municipal
civil infraction citations shall be served by an authorized City official
as follows:
1.
Except as provided by Section 2-3G.2, 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 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.
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 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.
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 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 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 City.
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.
A.
Bureau
established. The City hereby establishes a Municipal Ordinance Violations
Bureau ("Bureau") as authorized under Section 8396 of the Act[1] to accept admissions of responsibility for municipal civil
infractions in response to a municipal civil infraction violation
notice issued and served by authorized City officials, and to collect
and retain civil fines and costs as prescribed by the Code or any
other City ordinance.
[1]
Editor's Note: See MCLA § 600.8396.
B.
Location,
supervision, employees, rules and regulations. The Bureau shall be
located at City Hall, and shall be under the supervision and control
of the City Clerk and/or City Treasurer. The Clerk and/or Treasurer,
subject to the approval of the City Manager and confirmation by the
City Council, shall adopt rules and regulations for the operation
of the Bureau and appoint any necessary qualified City employees to
administer a 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 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
chapter 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 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 City officials under
the same circumstances and upon the same persons as provided for citations
as provided in Section 2-3F and G of this chapter. In addition
to any other information required by this Code or other ordinance
of the City, 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 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,[2] 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.
[2]
Editor's Note: See MCLA §§ 600.8705 and 600.8709,
respectively.
