This codification of ordinances shall be known and cited as the "Code of Ordinances, City of Brighton, Michigan" or the "Brighton City Code."
In the construction of this Code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless they are inconsistent with the intent of the council or the context clearly requires otherwise:
Charter.
The word "Charter" shall mean the Charter of the City of Brighton, Michigan, adopted December 5, 1955, and shall include any amendment to such Charter.
City.
The word "city" shall denote the City of Brighton, Michigan.
City council, council.
The term "city council" or "council" shall mean the city council or council of the City of Brighton.
Code.
The expressions "Code" or "this Code" shall mean the Code of Ordinances, City of Brighton, Michigan, as designated in section 1-1 and as modified by amendment, revision and by the adoption of new chapters, articles, divisions or sections.
Computation of time.
The time within which an act is to be done, as provided in this Code or in any order issued pursuant to this Code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is Sunday or a legal holiday, it shall be excluded; when the time is expressed in hours, the whole of Sunday or a legal holiday, from midnight to midnight, shall be excluded, except for parking tickets.
County.
The term "the county" or "this county" shall mean the County of Livingston in the State of Michigan.
Gender.
Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.
General terms.
A general term following specific enumeration of terms is not to be limited to the class enumerated, unless expressly so limited.
Joint authority.
All words purporting to give joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise expressly declared in the ordinance granting the authority.
MCL, MSA.
The abbreviations "MCL" and "MSA" refer to the Michigan Compiled Laws and Michigan Statutes Annotated, respectively, as amended.
Month.
The word "month" shall mean a calendar month.
Number.
Words in the singular shall include the plural, and words in the plural shall include the singular.
Officer, employee, department, board, commission or other agency.
Whenever any officer, employee, department, board, commission or other agency is referred to by title only, such reference shall be construed as if followed by the words "of the City of Brighton, Michigan." Whenever, by the provisions of this Code, any officer, employee, department, board, commission or other agency of the city is assigned any duty or empowered to perform any act or duty, reference to such officer, employee, department, board, commission or agency shall mean and include such officer, employee, department, board, commission or agency or any deputy or authorized subordinate.
Person.
The word "person" and its derivatives and the word "whoever" shall include a natural person, partnership, association, legal entity or a corporate body or any body of persons corporate or incorporate. Whenever used in any clause prescribing and imposing a penalty, the term "person" or "whoever," as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
Shall/may.
Whenever the word "shall" appears in this Code, it shall be considered mandatory and not directory, except as otherwise provided and the term "may" is permissive.
State.
The term "the state" or "this state" shall be construed to mean the State of Michigan.
Tense.
Words used in the present or past tense include the future as well as the present and past.
Unless otherwise provided in this Code, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this Code as those governing the interpretation of the Public Acts of Michigan.
This Code shall be amended by ordinance. The title of each amendatory ordinance shall be substantially as follows:
(1) 
To amend any section:
An ordinance to amend the Code of Ordinances, City of Brighton, Michigan, by amending section __________ (or sections __________ and __________) of chapter __________.
(2) 
To insert a new section, article or chapter:
An ordinance to amend the Code of Ordinances, City of Brighton, Michigan, by adding a new section (__________, new sections or a new chapter, as the case may be), which new section (sections or chapter) shall be designated as section __________ (sections __________ and __________of chapter __________of the Code.
(3) 
To repeal a section or chapter:
An ordinance to amend the Code of Ordinances, City of Brighton, Michigan, by repealing section __________ (sections __________ and __________), chapter __________, of such Code.
Headings and captions used in this Code, such as the chapter, article, division and section numbers, are employed for reference purposes only and shall not be deemed a part of the text of any section and do not limit the subject matter.
Charter references, cross references, state law references and editor's notes are by way of explanation only and should not be deemed a part of the text of any section.
All of the provisions of this chapter, not incompatible with future legislation, shall apply to ordinances adopted that amend or supplement this Code, unless otherwise specifically provided.
Each chapter, article, division or section or, whenever divisible, subsection of this Code is hereby declared to be severable, and the invalidity of any chapter, article, division, section or divisible subsection shall not be construed to affect the validity of any other chapter, article, division, section or subsection of this Code.
Whenever in one section reference is made to another section of this Code, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered, unless the subject matter be changed or materially altered by the amendment or revision.
Reference to a public officer shall be deemed to apply to any office, officer or employee of the City of Brighton exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
Nothing in this Code or the ordinance adopting this Code shall affect the following when not inconsistent with this Code:
(1) 
Any offense committed or penalty incurred or any right established prior to the effective date of the Code;
(2) 
Any ordinance levying annual taxes;
(3) 
Any ordinance appropriating money;
(4) 
Any ordinance authorizing the issuance of bonds or borrowing of money;
(5) 
Any ordinance establishing utility rates;
(6) 
Any ordinance establishing franchises or granting special rights to certain persons;
(7) 
Any ordinance authorizing public improvements;
(8) 
Any ordinance authorizing the purchase or sale of real or personal property;
(9) 
Any ordinance annexing or detaching territory;
(10) 
Any ordinance granting or accepting easements, plats or dedication of land to public use;
(11) 
Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city;
(12) 
Any ordinance establishing or prescribing grades in the city;
(13) 
Any ordinance prescribing the number, classification or compensation of any city officers or employees;
(14) 
Any ordinance prescribing traffic and parking restrictions pertaining to specific streets;
(15) 
Any ordinance pertaining to zoning;
(16) 
Any other ordinance or part thereof which is not a general and permanent nature;
and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the city clerk's office.
By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the council.
If sections of this Code do not directly name a city official who is responsible for carrying out enforcement provisions, the city manager may direct any one of its employees, officers or another agency to perform the stated enforcement provisions.
Where there is a difference or conflict between other provisions of this Code or those contained in lawfully adopted county, state, city, federal or other governmental agency rules, regulations, ordinances or laws, the most liberal interpretation of the most restrictive or the one imposing the most desirable standard shall prevail.
Except where the manner of service of notice is specifically provided for in sections of the city Charter, or in any section of this Code requiring notice, such notice may be served:
(1) 
By delivering the notice to the owner personally or by leaving the same at his residence, office, or place of business, with some person of suitable age and discretion;
(2) 
By mailing thereof, by registered, certified, or first class mail, to such owner at his last known residence or business address;
(3) 
By posting such notice in some conspicuous place on the premises of his last known residence or business address; or
(4) 
By one publication of such notice in a newspaper having a general circulation in the city.
(Code 1981, § 1.11)
(a) 
Unless another penalty is expressly provided by this Code for any particular provision or section, every person convicted of a violation of any provision of this Code or any rule, regulation or order adopted or issued in pursuance thereof shall be punished by a fine of not more than $500.00 and costs of prosecution in the discretion of the court. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.
(b) 
Every person convicted of an offense designated as a civil infraction shall be fined as provided in subsection (c) of this section.
(c) 
The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by this section or any ordinance, plus any costs, damages, expenses and other sanctions, as authorized under Act No. 236 of the Public Acts of Michigan of 1961, as amended, and other applicable laws.
(1) 
Unless otherwise specifically provided for a particular municipal civil infraction violation by this section or any ordinance, the civil fine for a violation shall be $100.00, plus costs for each infraction.
(2) 
Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this section or any ordinance. As used in this section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision (i) committed by a person within any two-month period (unless some other period is specifically provided by this section or any ordinance and (ii) for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this section or any ordinance for a particular municipal civil infraction violation, the increased fine for a repeat offense shall be as follows:
a. 
The fine for any offense which is a first repeat offense shall be $250.00, plus costs.
b. 
The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be $500.00, plus costs.
c. 
A "violation" includes any act which is prohibited or made or declared to be unlawful or an offense by this section or any ordinance; and any omission or failure to act where the act is required by this section or any ordinance.
d. 
Each day on which any violation of this section or any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
e. 
In addition to any remedies available at law, the city may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of this section or any city ordinance.
f. 
The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this Code, whether or not such penalty is reenacted in the amendatory ordinance.
g. 
The penalty shall be in addition to the abatement of the violating condition, any injunctive relief or revocation of any permit or license.
(Ord. No. 467, § I, 7-17-03)
The following words, terms and phrases, when used in sections 1-18 through 1-23, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Act
means Act No. 236 of the Public Acts of Michigan of 1961 (MCL 600.101 et seq., MSA 27A.101 et seq.), as amended.
Authorized city official
means a police officer or other personnel of the city authorized by sections 1-18 through 1-23 or any ordinance to issue municipal civil infraction citations or municipal civil infraction violation notices.
Bureau
means the city municipal ordinance violations bureau as established by sections 1-18 through 1-23.
Municipal civil infraction
means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
Municipal civil infraction citation
means 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.
Municipal civil infraction violation notice
means a written notice prepared by an authorized city official, directing a person to appear at the city 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.
(Ord. No. 384, § I(119.2), 7-21-94)
The following personnel of the city have the authority to issue municipal civil infraction citations and municipal civil infraction violation notices pursuant to sections 1-17 through 1-23:
(1) 
Police officers.
(2) 
Fire chief.
(3) 
Building/zoning inspector.
(4) 
Plumbing inspector.
(5) 
Mechanical inspector.
(6) 
Electrical inspector.
(7) 
Code enforcement officer.
(8) 
Assistant city manager.
(9) 
Department of public works director.
(10) 
City manager.
(Ord. No. 384, § I(119.3), 7-21-94)
A municipal civil infraction action may be commenced upon the issuance by an authorized city official of:
(1) 
A municipal civil infraction citation directing the alleged violator to appear in court; or
(2) 
A municipal civil infraction violation notice directing the alleged violator to appear at the city municipal ordinance violations bureau.
(Ord. No. 384, § I(119.4), 7-21-94)
Municipal civil infraction citations shall be issued and served by authorized city officials as follows:
(1) 
The time for appearance specified in a citation shall be that which is noted on the citation.
(2) 
The place for appearance specified in a citation shall be the 53rd District Court.
(3) 
Each citation shall be numbered consecutively and shall be in a form approved by the state court administrator. The original citation shall be retained by the city and issued to the alleged violator as provided by section 8705 of the Act.
(4) 
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."
(5) 
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.
(6) 
An authorized city official may issue a citation to a person if:
a 
Based upon investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction; or
b 
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 city attorney approves in writing the issuance of the citation.
(7) 
Municipal civil infraction citations shall be served by an authorized city official as follows:
a 
Except as provided by subsection b. of this subsection (7), an authorized city official shall personally serve a copy of the citation upon the alleged violator.
b 
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 of the citation 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.
(Ord. No. 384, § I(119.5), 7-21-94)
(a) 
A municipal ordinance citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged to have been violated, 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 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) 
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 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 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 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 will result in entry of a default judgment against the alleged violator on the municipal civil infraction.
(Ord. No. 384, § I(119.6), 7-21-94)
(a) 
Established. The city hereby establishes a bureau as authorized under section 8396 of the Act to accept admissions of responsibility for municipal civil infractions in response to municipal civil infraction violation notices issued and served by authorized city officials, and to collect and retain civil fines and costs as prescribed by sections 1-17 through 1-23 or any ordinance.
(b) 
Location; supervision; employees; rules and regulations. The bureau shall be located at the city police department, and shall be under the supervision and control of the director of public safety. The director of public safety, subject to the approval of the city council, shall adopt rules and regulations for the operation of 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 violation 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 sections 1-17 through 1-23 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 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 afforded 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 the bureau shall not determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation.
(e) 
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 in subsections (6) and (7) of section 1-20. In addition to any other information required by sections 1-17 through 1-23 or other ordinance, 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 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, 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.
(Ord. No. 384, § I(119.7), 7-21-94)
A person served with a municipal civil infraction citation as provided in section 1-20(7) who fails to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is punishable by a fine of not more than $500.00. Failure to appear will also result in the entry of a default judgment on the municipal civil infraction.
(Ord. No. 384, § I(119.8), 7-21-94)