[Adopted 3-22-1995 by Ord. No. 5-1995 (Part 3 of the 1991
Compilation of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Act No. 236 of the Public Acts of 1961, as amended.[1]
A Township official, police officer or other personnel or
agent of the Township authorized by this Code or any ordinance to
issue municipal civil infraction citations.
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 Township
official, directing a person to appear in court regarding the occurrence
or existence of a municipal civil infraction violation by the person
cited.
Cascade Charter Township.
[1]
Editor's Note: See MCLA § 600.8701 et seq.
A municipal civil infraction action may be commenced upon the
issuance by an authorized Township official of a municipal civil infraction
citation directing the alleged violator to appear in court.
Municipal civil infraction citations shall be issued and served
by authorized Township officials as follows:
A.Â
The time for appearance specified in a citation shall be within a
reasonable time after the citation is issued.
B.Â
The place for appearance specified in a citation shall be the District
Court which has jurisdiction over Cascade Charter Township.
C.Â
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 Township and issued to the alleged violator as provided
by Section 8705 of the Act.[1]
[1]
Editor's Note: See MCLA § 600.8705.
D.Â
A citation for a municipal civil infraction signed by an authorized
Township 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.Â
An authorized Township 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 copy of a
citation.
F.Â
An authorized Township official may issue a citation to a person
if:
(1)Â
Based upon investigation, the official has reasonable cause to believe
that the person is responsible for a municipal civil infraction; or
(2)Â
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 Township Attorney approves in writing the
issuance of the citation.
G.Â
Municipal civil infraction citations shall be served by an authorized
Township official as follows:
(1)Â
Except as otherwise provided below, an authorized Township official
shall personally serve a copy of the citation upon the alleged violator.
(2)Â
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 a 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.Â
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.Â
Further, the citation shall inform the alleged violator that he or
she may do one of the following:
(1)Â
Admit responsibility for the municipal civil infraction by mail,
in person, or by representation, at or by the time specified for appearance.
(2)Â
Admit responsibility for the municipal civil infraction "with explanation"
by mail by the time specified for appearance or, in person, or by
representation.
(3)Â
Deny responsibility for the municipal civil infraction by doing either
of the following.
(a)Â
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 Township.
(b)Â
Appearing in court for a formal hearing before a Judge, with
the opportunity of being represented by an attorney.
C.Â
The citation shall also inform the alleged violator of all of the
following:
(1)Â
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)Â
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)Â
That a hearing shall be an informal hearing unless a formal hearing
is requested by the alleged violator or the Township.
(4)Â
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)Â
That at a formal hearing the alleged violator must appear in person
before a Judge with the opportunity of being represented by an attorney.
D.Â
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.
