[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Editor's Note: This ordinance also superseded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:
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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.
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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.
