[HISTORY: Adopted by the City Council of the City of Bridgman 12-5-1994 by Ord. No. 124 (Ch. 105.000 of the 1999 Compiled Ordinances). Amendments noted
where applicable.]
As used in this chapter, the following definition shall apply:
A police officer or other personnel of the City of Bridgman
authorized by any ordinance of the City of Bridgman to issue municipal
civil infraction citations or municipal civil infraction violation
notices.
The City of Bridgman Municipal 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 City of Bridgman 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 Sections 8396 and 8707(6) of the Act.[1]
[1]
Editor's Note: See MCLA §§ 600.8396 and 600.8707(6),
respectively.
A municipal civil infraction enforcement is commenced when a
police officer or other authorized municipal official as designed
under the provision of one or more of the ordinances of the City of
Bridgman issues either a municipal civil infraction citation or municipal
civil infraction notice directing an alleged violator to appear at
the City of Bridgman Municipal Ordinance Violations Bureau under the
following circumstances or conditions:
A.
An authorized municipal official who witnesses a person violate an ordinance a violation of which is a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and three copies of a citation, except as provided in Subsection F.
B.
An authorized municipal official may issue a citation to a person
if, based upon investigation, the official has reasonable cause to
believe that the person is responsible for a municipal civil infraction.
An authorized municipal official may issue a citation to a person,
if based upon investigation of a complaint, by someone who allegedly
witnessed the person violate an ordinance, a violation of which is
a municipal civil infraction, the official has reasonable cause to
believe that the person is responsible for a municipal civil infraction
and if the prosecuting attorney or the City Attorney of the City of
Bridgman approves, in writing, the issuance of the citation.
C.
Except as otherwise provided under Subsection D, the authorized municipal official shall personally serve the third copy of the citation upon the alleged violator.
D.
In a municipal civil infraction action involving the use of occupancy
of land or a building or other structure, a copy of the citation need
not be personally served upon the alleged violator but may be served
upon an owner or posting occupant of the land, building, or structure
by 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.
F.
An authorized municipal official may issue and serve a municipal ordinance violation notice, instead of a citation, under the same circumstances and upon the same persons as provided in this section for the service of a citation. If an authorized municipal 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 ordinance of the violation are not paid at the municipal ordinance violations bureau, a citation may be filed with the court described in § 65-3 and a copy of the citation may be served by first-class mail upon the alleged violator at his or her last known address. The citation filed with the court pursuant to the subsection need not comply in all particulars with § 65-3 but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice and shall fairly inform the defendant how to respond to the citation. A citation issued under this subsection shall be processed in the same manner as a citation issued personally to a defendant pursuant to Subsection A or B.
Each municipal civil infraction citation shall:
A.
Be numbered consecutively;
B.
Shall consist of the following parts:
(1)
The original, which is a complaint and notice to appear by the authorized
official and shall be filed with the court in which the appearance
is to be made.
(2)
The first copy, which shall be retained by the ordinance enforcement agency.
(3)
The second copy, which shall be issued to the alleged violator if
the violation is a misdemeanor.
(4)
The third copy, which shall be issued to the alleged violator if
the violation is a municipal civil infraction.
C.
A citation for a municipal civil infraction signed by an authorized
local official shall be treated as made under oath if the violation
alleged in the citation occurred in the presence of the authorized
local 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 or perjury that the statements
above are true to the best of my information knowledge, and belief."
D.
Shall contain the following:
(1)
The name of the plaintiff: City of Bridgman.
(2)
The name and address of the defendant: alleged violator.
(3)
The municipal infraction alleged.
(4)
The place where the defendant shall appear.
(5)
The telephone number of the place to appear.
(6)
The time at or by which the appearance must be made.
(7)
In addition, the citation shall inform the defendant:
(a)
That if the defendant desires to admit responsibility with explanation,
in person or by representation, the defendant 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.
(b)
That if the defendant desires to deny responsibility, the defendant
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.
(c)
That a hearing shall be an informal hearing unless a formal
hearing is requested by the defendant or the plaintiff political subdivision.
(d)
That at an informal hearing the defendant must appear in person
before a judge or district court magistrate, without the opportunity
of being represented by an attorney.
(e)
That at a formal hearing the defendant must appear in person
before a judge with the opportunity of being represented by an attorney.
(f)
The citation shall contain a notice in bold-faced type that
the failure of the defendant 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 defendant on the municipal civil infraction. Return of the citation
with an admission of responsibility and with full payment of applicable
civil fines and costs, return of the citation with an admission of
responsibility with explanation, or timely application to the court
for a scheduled date and time for an appearance or a hearing constitutes
a timely appearance.
The City of Bridgman hereby established the Municipal Ordinance
Violation Bureau for the purpose of accepting admissions of responsibility
for municipal civil infractions as shall be designated and defined
under the Code of the City of Bridgman, from time to time and to collect
and retain fines and costs, as follows:
A.
Address. The Municipal Ordinance Violation Bureau shall maintain
its office in the City Hall of City of Bridgman, 9765 Maple Street,
Bridgman, Michigan. The mailing address for the Municipal Ordinance
Violation Bureau is Municipal Ordinance Violation Bureau, c/o City
of Bridgman, PO Box 366, Bridgman, Michigan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Manager. The City Manager shall be responsible for the administration
and operation of the Municipal Ordinance Violation Bureau. The City
Manager shall, subject to the approval of the City Council of the
City of Bridgman, set policies and procedures and designate employees
authorized to accept admissions of responsibility, collect and deposit
fines and costs.
C.
Default; failure to appear or pay fine. In the event the defendant
(alleged violator) fails to appear by or at the time set forth in
the municipal civil infraction citation or municipal civil infraction
notice and/or the fine is not paid, the City Manager or his or her
designee may file the municipal civil infraction citation or municipal
civil infraction notice with the Fifth Judicial District Court and
shall mail to the defendant (alleged violator) a copy thereof by first-class
mail. The filing and mailing shall include a sworn complaint containing
the allegation set forth in the municipal civil infraction citation
or municipal civil infraction notice.
Civil fines payable to the Municipal Ordinance Violation Bureau
shall be proscribed under the terms and conditions of each ordinance
of the City of Bridgman for which civil sanctions may be imposed.
In the event any ordinance of the City of Bridgman shall provide for
the imposition of civil sanctions, then the civil fines, plus any
costs, damages, expenses and other sanctions as specifically provided
in the applicable ordinance shall be:
