[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:
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.
[1]
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).
[1]
Editor's Note: See MCLA § 600.101 et seq., the Revised
Judicature Act.
A.Â
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):
|
Offense
|
Minimum Fine
|
|---|---|
|
1st offense within 3-year period
|
$100
|
|
2nd offense within 3-year period
|
$250
|
|
3rd offense within 3-year period
|
$500
|
B.Â
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.
C.Â
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).
D.Â
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.
