[HISTORY: Adopted by the Mayor and City Council
of the City of Monroe 4-8-1996 by Ord. No. 96-005. Amendments noted where
applicable.]
CHARTER REFERENCES
Prosecution for violations of municipal ordinances — § C-318.
As used in this chapter, the following terms
shall have the meanings indicated:
Act 236 of the Public Acts of 1961, as amended.[1]
A police officer or other personnel of the City authorized
by the Code of the City of Monroe or any ordinance or resolution of
Council to issue municipal civil infraction citations or municipal
civil infraction violation notices.
The City of Monroe Municipal Ordinance Violations Bureau
as established by this chapter.
A civil infraction 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 Monroe 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 §§ 8396 and 8707(6) of the Act.
[1]
Editor's Note: See MCLA § 600.6401.
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 First 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 filed with the District Court. Copies of
the citation shall be retained by the City and issued to the alleged
violator as provided by § 8705 of the Act.
D.
A municipal civil infraction citation 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:
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"I declare under the penalties of perjury that
the statements above are true to the best of my information, knowledge
and belief."
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E.
An authorized City official who witnesses a person
committing 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 the prosecuting attorney or 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 in Subsection G(2) hereof, an authorized City official shall personally serve a copy of a 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 civil infraction 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 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 a formal hearing the alleged violator must
appear in person before the judge with the opportunity of being represented
by an attorney.
D.
The citation shall contain a notice in bold-face 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 as authorized under § 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 in this Code of the City
of Monroe or in any ordinance.
B.
Location; supervision by City Manager; employees;
rules and regulations. The Bureau shall be located at City Hall and
shall be under the supervision and control of the office of the City
Manager. The City Manager shall, subject to the approval of the City
Council, adopt rules and regulations for the operation of the Bureau
and appoint any necessary qualified City employees to administer 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
chapter 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. All persons shall have the right to have their violations
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 § 85-3F and G. In addition to any other information required by this Code of the City of Monroe or any 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 §§ 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 as to how to respond
to the citation.
[Added 9-4-2001 by Ord. No. 01-019]
A schedule of civil fines payable to the Municipal Ordinance Violations Bureau for admissions of responsibility by persons served with municipal ordinance violation notices is established, and the Municipal Civil Infraction Fine Schedule shall be posted at the Bureau. Where no specific fine amount is stated for the particular municipal civil infraction violation, the fine amount shall be that as stated in § 1-27E.
