Township of Three Oaks, MI
Berrien County
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[HISTORY: Adopted by the Township Board of the Township of Three Oaks 9-11-1995 by Ord. No. 25; amended in its entirety 9-9-2019 by Ord. No. 58. Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the "Three Oaks Township Municipal Civil Infractions Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
Act 236 of the Public Acts of 1961, as amended by Act 12 of the Public Acts of 1994.[1]
Unless prohibited by state law or unless otherwise provided by specific provisions of a particular Three Oaks Township ordinance to the contrary, the following officials are hereby designated as the authorized Township officials to issue and serve municipal civil infraction citations for violations of Township ordinances:
The Township Building Inspector.
The Berrien County Sheriff and all other Deputy County Sheriffs.
The Township Inspectors.
The Township Ordinance Enforcement Officer.
The Township Zoning Administrator.
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.
Editor's Note: See MCLA § 600.101 et seq., the Revised Judicature Act.
Unless prohibited by state law, any person who violates any provisions of any Three Oaks Township ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan statute.
All municipal civil infraction citations, issuance, contents and services shall be governed by Act 236 of PA 1961,[1] as amended (in particular, Sections 600.8701 through 600.8735 of the Michigan Compiled Laws).
Editor's Note: See MCLA § 600.101 et seq., the Revised Judicature Act.
Any person found responsible for a Three Oaks Township municipal civil infraction shall be punishable by a civil fine as determined in accordance with the following (based on the date of commission of the offense for repeat offenders):
Minimum Fine
1st offense within 3-year period
2nd offense within 3-year period
3rd offense within 3-year period
The foregoing sanctions shall be in addition to the rights of the Township to proceed at law or equity with other appropriate and proper remedies. Additionally, the violator shall pay costs, which may include all expenses, direct and indirect, which the Township incurs in connection with the municipal civil infraction pursuant to MCLA § 600.8727.
In addition, the Township may seek injunctive relief against persons alleged to be in violation of this chapter, and such other relief as may be provided by law (MCLA § 600.8302).
Each day that a violation exists shall constitute a separate offense for enforcement purposes.
The provisions of this chapter are hereby declared to be severable, and if any clause, sentence, word, section or provision is declared void or unenforceable for any reason by any court or competent jurisdiction, it shall not affect any other portion of this chapter.