[HISTORY: Adopted by the Board of Trustees of the Charter Township
of East China 2-19-2001 by Ord. No. 271
(Ch. 2-06 of the 1980 Code). Amendments noted where applicable.]
The purpose of this chapter is to provide a Township Civil Infraction
Bureau for the purpose of accepting admissions of responsibility for ordinance
violations designated as civil infractions for which Township ordinance violation
notices have been issued and served by authorized officials; to collect and
retain civil fines/costs for such violations as prescribed herein; and to
repeal all conflicting ordinances or parts of ordinances.
A.
Pursuant to P.A. 1994, No. 12 (MCLA § 600.8396),
as it may be amended from time to time, a Township Civil Infraction Bureau
(hereinafter referred to as “Bureau”) is, hereby, established
to accept civil infraction admissions for such violation cases as prescribed
by the Township ordinances.
B.
The Bureau shall be located at the Township office or
other such location in the Township as may be designated by the Township Board.
C.
The Bureau shall be under the supervision of the Supervisor
of the Township.
D.
The Bureau shall only have the authority to accept admissions
of responsibility (without explanation) for civil infractions for which a
Township ordinance violation notice (as compared to a citation) has been issued
and served, and to collect and retain the scheduled civil fines/costs for
such violations specified pursuant to this chapter or other applicable ordinances.
E.
The Bureau shall refuse payment of fines/costs from any
person who denies having committed the alleged violation or who admits responsibility
only with explanation. The Bureau shall not determine or attempt to determine
the truth or falsity of any fact or matter relating to an alleged ordinance
violation.
A.
Township ordinance violation notices shall be issued
and served by an authorized Township Ordinance Enforcement Officer or the
St. Clair County Sheriff Department as provided by law.
B.
The Township ordinance or violation notice shall include,
at a minimum, all of the following:
(1)
The violation.
(2)
The time within which the person must contact the Bureau
for purposes of admitting or denying responsibility for the violation.
(3)
The amount of the scheduled fines/costs for the violation.
(4)
The methods by which the violation may be admitted or
denied.
(5)
The consequences of failing to pay the required fines/costs
or contact the Bureau within the required time.
(6)
The address and telephone number of the Bureau.
(7)
The days and hours that the Bureau is open.
C.
When a person fails to admit responsibility (without
explanation) for a violation within the jurisdiction of the Bureau and pay
the required civil fines/costs within 10 days from the date of service of
a Township ordinance violation notice, a person authorized by the Township
Board shall advise the complainant to issue and file a Township ordinance
violation citation for such violation with the court having jurisdiction of
the matter. The citation filed with the court shall consist of a sworn complaint
containing, at a minimum, the allegations stated in the Township ordinance
violation notice and shall fairly inform the alleged violator how to respond
to the citation. 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 shall thereafter be processed in the manner required by law.
A.
Unless otherwise provided for by an applicable ordinance,
the civil fines payable to the Bureau upon admissions of responsibility by
persons served with Township ordinance violation notices shall be determined
pursuant to the following schedule:
B.
The time period for determining subsequent violations
is based on the date of the first violation.
C.
In addition to the above prescribed civil fines, administrative
costs in the amount of $15 shall be assessed by the Bureau if the fines and
costs are paid within 10 days of the date of service of the Township ordinance
violation notice.
The Township Clerk and/or those persons authorized by the Township Board
shall retain a copy of all Township ordinance violation notices and shall
account to the Township Board once a month or at such other intervals as the
Township Board may require concerning the number of admissions and denials
of responsibility for ordinance violations within the jurisdiction of the
Bureau and the amount of fines/costs collected with respect to such violations.
The civil fines/costs collected shall be delivered to the Township general
fund.
Nothing in this chapter shall be deemed to require the Township to initiate
it's Township ordinance enforcement activity through the issuance of
an ordinance violation notice. As to each ordinance violation designated as
a Township civil infraction, the Township may, at it's sole discretion,
proceed directly with the issuance of a Township ordinance violation citation
or take such other enforcement action as is authorized by law.
