City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 500, passed 12-12-1994]
As used in this chapter:
(a) 
ACT — Means Act 236 of the Public Acts of 1961, as amended.
(b) 
AUTHORIZED CITY OFFICIAL — Means a police officer or other personnel of the City authorized by these Codified Ordinances or any ordinance to issue Municipal civil infraction citations or Municipal civil infraction violation notices.
(c) 
BUREAU — Means the City of Coldwater Municipal Ordinance Violations Bureau, as established by this chapter.
(d) 
MUNICIPAL CIVIL INFRACTION ACTION — Means a civil action in which the defendant is alleged to be responsible for a Municipal civil infraction.
(e) 
MUNICIPAL CIVIL INFRACTION CITATION — Means 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.
(f) 
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE — Means a written notice prepared by an authorized City official, directing a person to appear at the City of Coldwater 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.
[Ord. No. 500, passed 12-12-1994]
A Municipal civil infraction action may be commenced upon the issuance by an authorized City official of a Municipal civil infraction citation, directing the alleged violator to appear in court, or a Municipal civil infraction violation notice, directing the alleged violator to appear at the City of Coldwater Municipal Ordinance Violations Bureau.
[Ord. No. 500, passed 12-12-1994]
Municipal civil infraction citations shall be issued and served by authorized City officials as follows:
(a) 
The time for appearance specified in the 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 filed with the District Court. Copies of the citation shall be retained by the City and issued to the alleged violator as provided in Section 8705 of the Act.
(d) 
A citation for a Municipal civil infraction signed by an authorized City official shall be treated as if made under oath if a 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 in paragraph (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 or 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.
[Ord. No. 500, passed 12-12-1994]
(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 the appearance.
(2) 
Admit responsibility for the Municipal civil infraction "with explanation" by mail, in person, or by representation, by the time specified for the appearance.
(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 a Judge with the opportunity of being represented by an attorney.
(d) 
That 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.
[Ord. No. 500, passed 12-12-1994]
(a) 
Establishment. The City hereby establishes a Municipal Ordinance Violations Bureau (herein referred to as the Bureau), as authorized under Section 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 by these Codified Ordinances or any ordinance.
(b) 
Location; supervision; employees; rules and regulations. The Bureau shall be located at City Hall and shall be under the supervision and control of the Finance Director. The Finance Director, subject to the approval of Council, shall 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 certain Municipal civil infraction violation notice (as compared with the 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, but 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) 
Scope of authority. 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 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 provided in Section 211.03(f) and (g). In addition to any other information required by these Codified Ordinances 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 opened, the amount of the fines 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 is 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 in Sections 8705 and 8709 of the Act, but shall consist of a sworn complaint contained in the allegations stated in the Municipal ordinance violation notice and shall fairly inform the alleged violator how to respond to the citation.
[Ord. No. 500, passed 12-12-1994]
(a) 
A schedule of civil fines payable to the City of Coldwater Municipal Ordinance Violations Bureau for admission of responsibility by the person served with a Municipal ordinance violation notice is hereby established. The fines for the violations listed below shall be as follows:
(1) 
Chapter 420, Public Ways.
420.01
Street surface damage by commercial and heavy vehicles
$500
Second offense
$250
Third (or any subsequent) offense
$500
(2) 
Chapter 430, Bicycles, Skateboards and Roller Skates.
430.02
Operation upon certain public ways; sails and towing prohibited
$5
Second offense
$10
Third (or any subsequent) offense
$20
430.03
Registration of bicycles
$5
Second offense
$10
Third (or any subsequent) offense
$20
430.04
Passing on sidewalks
$5
Second offense
$10
Third (or any subsequent) offense
$20
430.05
Right of way of pedestrians; control; speed limit
$5
Second offense
$10
Third (or any subsequent) offense
$20
430.06
Obedience to traffic signals and regulations
$5
Second offense
$10
Third (or any subsequent) offense
$20
430.07
Passengers on bicycles; child seats
$5
Second offense
$10
Third (or any subsequent) offense
$20
430.08
Riding abreast
$5
Second offense
$10
Third (or any subsequent) offense
$20
430.09
Lamps and reflectors on bicycles
$5
Second offense
$10
Third (or any subsequent) offense
$20
430.10
Parking regulations in downtown business section
$5
Second offense
$10
Third (or any subsequent) offense
$20
(3) 
Chapter 610, Animals.
610.11
Noisy animals
$25
Second offense
$50
Third (or any subsequent) offense
$100
(3A) 
Chapter 660, Peace Disturbances and Disorderly Conduct.
660.04
Sound systems in motor vehicles
$25
Second offense
$50
Third (or any subsequent) offense
$75
(4) 
Chapter 670, Safety, Sanitation and Health.
670.01
Duty to keep sidewalks in repair and clean; obstructions
$10
Second offense
$20
Third (or any subsequent) offense
$50
670.02
Expectorating
$10
Second offense
$20
Third (or any subsequent) offense
$50
(5) 
Chapter 690, Vegetation.
690.03
Permit to cut, trim or prune
$25
Second offense
$50
Third (or any subsequent) offense
$100
690.04
Harmful substances prohibited
$25
Second offense
$50
Third (or any subsequent) offense
$100
690.05
Trees on private property
$25
Second offense
$50
Third (or any subsequent) offense
$100
690.06
Removal of vegetation for public improvement
$25
Second offense
$50
Third (or any subsequent) offense
$100
690.07
Guarding of trees
$25
Second offense
$50
Third (or any subsequent) offense
$100
690.08
Permit to plant
$25
Second offense
$50
Third (or any subsequent) offense
$100
690.09
Power to preserve or remove trees
$25
Second offense
$50
Third (or any subsequent) offense
$100
690.10
Diseased or infected trees on private property
$25
Second offense
$50
Third (or any subsequent) offense
$100
690.11
Grass plots
$25
Second offense
$50
Third (or any subsequent) offense
$100
690.12
Noxious weeds
$25
Second offense
$50
Third (or any subsequent) offense
$100
690.13
Interference with City Manager
$25
Second offense
$50
Third (or any subsequent) offense
$100
(6) 
Chapter 808, Bed and Breakfast Operations.
808.02
General requirements
$50
Second offense
$75
Third (or any subsequent) offense
$100
808.03
License required; fee
$50
Second offense
$75
Third (or any subsequent) offense
$100
808.04
Site plans; compliance with Zoning Code, etc.
$50
Second offense
$75
Third (or any subsequent) offense
$100
808.05
Floor plans; compliance with building requirements
$50
Second offense
$75
Third (or any subsequent) offense
$100
(7) 
Chapter 826, Garbage and Rubbish Collectors.
826.01
License required; types of licenses
$50
Second offense
$100
Third (or any subsequent) offense
$100
(8) 
Chapter 870, Transient Merchants and Temporary Businesses.
870.03
License required
$50
Second offense
$100
Third (or any subsequent) offense
$250
870.04
Display of license
$50
Second offense
$100
Third (or any subsequent) offense
$250
870.05
Application for license
$50
Second offense
$100
Third (or any subsequent) offense
$250
870.08
License requirements for employees, agents, consignees or unincorporated firms or associations
$50
Second offense
$100
Third (or any subsequent) offense
$250
870.09
Charitable and nonprofit organizations
$50
Second offense
$100
Third (or any subsequent) offense
$250
870.12
Activities on public property; sound devices
$50
Second offense
$100
Third (or any subsequent) offense
$250
870.13
Fixed location transient merchants
$50
Second offense
$100
Third (or any subsequent) offense
$250
(9) 
Chapter 1020, Streets, Utilities and Public Services Code.
1020.01
Permit required
$50
Second offense
$100
Third (or any subsequent) offense
$250
1020.02
Bond required; application for permit
$50
Second offense
$100
Third (or any subsequent) offense
$250
1020.03
Regulations for openings, excavations and obstructions
$50
Second offense
$100
Third (or any subsequent) offense
$250
(10) 
Chapter 1022, Sidewalks, Driveways, Curbs and Gutters.
1022.02
Compliance required
$50
Second offense
$100
Third (or any subsequent) offense
$250
1022.05
Permit required for sidewalk construction; fee
$50
Second offense
$100
Third (or any subsequent) offense
$250
1022.06
Sidewalk builder's license required; fee
$50
Second offense
$100
Third (or any subsequent) offense
$250
1022.07
Bonds
$50
Second offense
$100
Third (or any subsequent) offense
$250
1022.09
Materials used
$50
Second offense
$100
Third (or any subsequent) offense
$250
1022.17
Permit required for construction of driveways, curbs and gutters
$50
Second offense
$100
Third (or any subsequent) offense
$250
1022.18
Driveway approaches, width and location
$50
Second offense
$100
Third (or any subsequent) offense
$250
1022.19
Construction of driveway approaches
$50
Second offense
$100
Third (or any subsequent) offense
$250
1022.21
Vacant parcels or revision of existing Driveway openings in curbs
$50
Second offense
$100
Third (or any subsequent) offense
$250
(10A) 
Chapter 1047, Telecommunications Right-of-Way Oversight.
1047.99
Any infraction
$500
(11) 
Chapter 1060, Garbage and Rubbish Collection and Disposal.
1060.02
Disposal of refuse and garbage
$50
Second offense
$100
Third (or any subsequent) offense
$250
1060.03
Disposal of industrial waste
$500
Second offense
$1,000
Third (or any subsequent) offense
$2,500
1060.04
Storage and repair of motor vehicles
$50
Second offense
$100
Third (or any subsequent) offense
$250
1060.05
Deposits on public grounds
$50
Second offense
$100
Third (or any subsequent) offense
$250
1060.08
Abatement of nuisance by City
$50
Second offense
$100
Third (or any subsequent) offense
$250
1060.09 (b), (d) and (e)
Solid waste recycling program
$50
Second offense
$100
Third (or any subsequent) offense
$250
(12) 
Chapter 1064, Municipal Park Lands.
1064.01
Rules and regulations
$50
Second offense
$100
Third (or any subsequent) offense
$250
1064.02
Issuance of permits
$50
Second offense
$100
Third (or any subsequent) offense
$250
(12A) 
Chapter 1428, Michigan Building Code.
1428.99
2000 edition, Section 105.7
$25
Second offense
$50
Third (or any subsequent offense)
$100
2000 edition, Section 114
$500 to $2,000
2000 edition, Section 100.1
(Single-family residence)
$100 to $500
(Multi-family residence)
$500 to $2,500
1428.99
2000 edition, any other section
$100
Second offense
$300
Third (or any subsequent offense)
$500
(13) 
Chapter 1460, Signs.
1460.02
Types of signs permitted; temporary political signs; compliance with Zoning Code; sign supports in rights of way
$25
Second offense
$50
Third (or any subsequent) offense
$100
1460.03
Permits for erection of signs; fees
$25
Second offense
$50
Third (or any subsequent) offense
$100
1460.04
Licenses for sign erectors; bonds or insurance
$25
Second offense
$50
Third (or any subsequent) offense
$100
1460.06
General construction requirements
$25
Second offense
$50
Third (or any subsequent) offense
$100
1460.07
Cloth and banner signs; pennants
$25
Second offense
$50
Third (or any subsequent) offense
$100
(14) 
Chapter 1462, Soil Erosion.
1462.04
Compliance required for plan and plat approval
$50
Second offense
$100
Third (or any subsequent) offense
$250
1462.05
Compliance required for occupancy
$50
Second offense
$100
Third (or any subsequent) offense
$250
1462.06
Grading, stripping, excavating, etc; permit required; fees
$50
Second offense
$100
Third (or any subsequent) offense
$250
1462.07
Bond or other surety required
$50
Second offense
$100
Third (or any subsequent) offense
$250
1462.08
Extension of time for completion of work
$50
Second offense
$100
Third (or any subsequent) offense
$250
1462.09
Failure to complete work
$50
Second offense
$100
Third (or any subsequent) offense
$250
1462.11
Modification of approved plans
$50
Second offense
$100
Third (or any subsequent) offense
$250
1462.12
Responsibilities of permittee
$50
Second offense
$100
Third (or any subsequent) offense
$250
1462.13
General requirements
$50
Second offense
$100
Third (or any subsequent) offense
$250
1462.14
Maintenance requirements
$50
Second offense
$100
Third (or any subsequent) offense
$250
1462.15
Minimum design standards
$50
Second offense
$100
Third (or any subsequent) offense
$250
1462.16
Variances and exceptions
$50
Second offense
$100
Third (or any subsequent) offense
$250
(15) 
Chapter 1480, BOCA National Property Maintenance Code.
1480.01
1993 edition adopted
$50
Second offense
$100
Third (or any subsequent) offense
$250
1480.06
Extermination and infestation control
$50
Second offense
$100
Third (or any subsequent) offense
$250
1480.07
Insulation and weatherization
$50
Second offense
$100
Third (or any subsequent) offense
$250
(16) 
Chapter 1482, Rental Housing Code.
1482.03
Registration
$100
Second offense
$300
Third (or any subsequent) offense
$500
1482.04
Transfer of ownership of noncomplying rental units
$100
Second offense
$300
Third (or any subsequent) offense
$500
1482.07
Fees
$100
Second offense
$300
Third (or any subsequent) offense
$500
1482.08
Inspections
$100
Second offense
$300
Third (or any subsequent) offense
$500
(17) 
Chapter 1620, Open Burning.
1620.02
Open fires
$50
Second offense
$100
Third (or any subsequent) offense
$250
1620.03
Burning of leaves
$50
Second offense
$100
Third (or any subsequent) offense
$250
1620.04
Incinerators
$50
Second offense
$100
Third (or any subsequent) offense
$250
1620.05
Bonfires and campfires
$50
Second offense
$100
Third (or any subsequent) offense
$250
1620.06
Burning of household waste matter
$50
Second offense
$100
Third (or any subsequent) offense
$250
(18) 
Chapter 1640, Miscellaneous Regulations
1640.06
Free-standing wood burning furnaces
$100
(b) 
A copy of this schedule, as amended from time to time, shall be posted at the Bureau.