[Adopted 11-10-2008 by Ord. No. 2008-18]
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.
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
Act No. 236 of the Public Acts of 1961, as amended.
AUTHORIZED CITY OFFICIAL
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.
BUREAU
The City of Royal Oak Municipal Ordinance Violations Bureau
as established by this article.
MUNICIPAL CIVIL INFRACTION CITATION
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
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.
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:
C. Assistant Chief Inspector.
D. Supervisor of Inspections.
J. Code Enforcement Officer.
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:
A. A municipal civil infraction citation directing the
alleged violator to appear in court; or
B. A municipal civil infraction violation notice directing
the alleged violator to appear at the City of Royal Oak Municipal
Ordinance Violations Bureau.
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.
C. 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.
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 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.