[HISTORY: Adopted by the City Commission of the City of Royal Oak as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-10-2008 by Ord. No. 2008-18[1]]
[1]
Editor's Note: This ordinance also superseded former Art. I, Adoption of Code, adopted 6-6-2005 by Ord. No. 2005-07.
This ordinance shall be known as and may be cited as the "2008 Ordinance Adopting the Royal Oak Code of Ordinances."
The purpose of this ordinance is to adopt the City of Royal Oak Code of Ordinances, pursuant to the Home Rule Cities Act, MCLA 117.1 et seq.
A.
Grant of authority. The Home Rule Cities Act, MCLA 117.1 et seq., provides as follows:
| Each city shall have power, whether provided in its charter or not, to codify, recodify and continue in code its municipal ordinances, in whole or in part, without the necessity of publishing the entire code in full. The ordinance adopting the code, as well as subsequent ordinances repealing, amending, continuing or adding to the code, shall be published as required by law. The ordinance adopting the code may amend, repeal, revise or rearrange ordinances or part of ordinances by reference by title only. MCLA 117.5b. |
B.
Adoption of Code. Pursuant to the Home Rule Cities Act at MCL § 117.5b, the ordinances of the City of Royal Oak of a general and permanent nature adopted by the City Commission of the City of Royal Oak, as revised, codified and consolidated into chapters and sections by General Code Publishers Corporation, and consisting of Chapters 1 through 770, together with an appendix, are approved, adopted, ordained and enacted as the "Code of the City of Royal Oak," and can be referred to as the "Code."
C.
Code supersedes prior ordinances. This ordinance and the Code supersedes all general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are expressly saved from repeal or continued in force.
D.
Copy of Code on file. A copy of the Code in loose-leaf form has been filed in the office of the City Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, shall be certified to by the Clerk of the City of Royal Oak by impressing the Seal of the City, as provided by law. The certified copy of the Code shall remain on file in the office of the City Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
E.
Amendments to Code. Any and all additions, amendments or supplements to the Code, when adopted in such form as to indicate the intent of the City Commission to make them a part of the Code, shall be incorporated into the Code so that reference to the "Code of the City of Royal Oak" shall be understood and intended to include such additions and amendments. Whenever these additions, amendments or supplements to the Code are adopted, they shall be printed and, as provided, inserted in the loose-leaf book containing the Code, as amendments and supplements.
F.
Publication; filing. The Clerk of the City of Royal Oak, pursuant to law, shall cause to be published, in the manner required, a copy of this adopting ordinance in a newspaper of general circulation in the City. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this adopting ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
G.
Code book to be kept up-to-date. It is the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted.
H.
Sale of Code book. Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the City Commission or may be furnished electronically. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
I.
Altering or tampering with Code; violations and penalties. It is unlawful for anyone to change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with the Code in any manner which will cause the law of the City of Royal Oak to be misrepresented. Anyone violating this section or any part of this ordinance is subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, or both, in the discretion of the court imposing the sentence.
If any section, subsection, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this ordinance, and such holding shall not affect the validity of the remaining portions of this ordinance.
The adoption of this Code and the repeal of ordinances provided for in § 1-6 of this ordinance shall not affect the following ordinances, rights and obligations, which are expressly saved from repeal:
A.
Any ordinance adopted subsequent to October 20, 2008.
B.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
C.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result.
D.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision.
E.
Any franchise (including gas, electric and cable franchise agreements), license, right, easement or privilege previously granted or conferred.
F.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place.
G.
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the City's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
J.
The dedication of property or approval of preliminary or final subdivision plats.
K.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
L.
Any ordinance adopting or amending the Zoning Map or the Zoning Ordinance.
M.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
N.
Any legislation dealing with the Downtown Development Authority at Ordinance No. 76-26, as amended.
All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect.
This ordinance shall take effect 10 days after the final passage thereof.
[Adopted 12-5-1994 by Ord. No. 94-4]
This article shall be known and may be cited as the "Municipal Civil Infraction Ordinance."
For the purpose of the provisions of this article, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:
Act No. 236 of the Public Acts of 1961, as amended.[1]
A police officer or other personnel of the City of Royal Oak authorized by this article or any ordinance to issue municipal civil infraction citations or municipal civil infraction violation notices.
The City of Royal Oak Municipal Ordinance Violations Bureau as established by this article.
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 Royal Oak 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.[2]
The following personnel of the City of Royal Oak have the authority to issue municipal civil infraction citations and municipal civil infraction violation notices pursuant to this article:
A.
Police officers.
B.
Chief Inspector.
C.
Assistant Chief Inspector.
D.
Supervisor of Inspections.
E.
Building Inspector.
F.
Plumbing Inspector.
G.
Electrical Inspector.
H.
Mechanical Inspector.
I.
Housing Inspector.
J.
Code Enforcement Officer.
K.
Code Enforcement Aide.
L.
Fire Chief.
M.
Fire Marshal.
N.
Fire Inspector.
O.
Animal Control Officer.
[Added 8-18-2003 by Ord. No. 2003-25]
P.
Dog Warden.
[Added 8-18-2003 by Ord. No. 2003-25]
Q.
Parking enforcement officer.
[Added 8-18-2003 by Ord. No. 2003-25]
R.
Police service aid.
[Added 8-18-2003 by Ord. No. 2003-25]
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 officials 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 the district court.
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 City Attorney approves in writing the issuance of the citation.
G.
Municipal civil infraction citations shall be served by an authorized City official as follows:
(1)
Except as provided by Subsection G(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 his 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 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 municipal civil infraction violation notices issued and served by authorized City officials, and to collect and retain civil fines and costs as prescribed by this Code or any ordinance.
[1]
Editor's Note: See MCLA § 600.8396.
B.
Location; supervision; employees rules and regulations. The Bureau shall be located at the 44th District Court and shall be under the supervision and control of the Court Administrator. The Court Administrator 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 this article 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 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 § 1-22F and G of this article. In addition to any other information required by this Code 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,[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.
A person served with a municipal civil infraction citation as provided in § 1-22G who fails to appear within the time specified in the citation or at the time specified in the citation or at the time scheduled for a hearing or appearance is guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisonment for not more than 90 days, or to both such fine and imprisonment in the discretion of the court. Failure to appear will also result in the entry of a default judgment on the municipal civil infraction.
