[HISTORY: Adopted by the Township Board of the Charter Township of Oakland as indicated in article histories. Amendments noted where applicable.]
Article I Authority to Issue Appearance Tickets
Article II Municipal Civil Infractions; Citations
[Adopted 4-22-1986 by Ord. No. 49 (Ch. 14, Art. II, of the 2007 Code of Ordinances)]
The following persons, being public servants of the Township, shall be authorized to issue and serve upon persons appearance tickets with respect to alleged violations of ordinances and codes of the Township in such cases as such public servants have reasonable cause to believe that such persons have committed violations of an ordinance or code of the Township:
As used in this article, the following terms shall have the meanings indicated:
- APPEARANCE TICKET
- A complaint or written notice issued and subscribed by a public servant, authorized in § 52-1, directing a designated person to appear in a designated local criminal court at a designated future time in connection with his alleged commission of a specified violation or violations of Township ordinance or code for which the maximum permissible penalty is provided in § 1-2.
[Adopted 6-23-1998 by Ord. No. 80 (Ch. 14, Art. III, of the 2007 Code of Ordinances)]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- MUNICIPAL CIVIL INFRACTION
- A violation of a provision of a Township ordinance for which the remedy and/or penalty is prescribed to be a civil fine, or other sanction other than a criminal penalty. A municipal civil infraction is not a lesser included offense of a criminal offense or of an ordinance violation that is not a civil infraction.
- MUNICIPAL CIVIL INFRACTION DETERMINATION
- A determination that a defendant is responsible for a municipal civil infraction by one of the following:
- A. An admission of responsibility for the municipal civil infraction.
- B. An admission of responsibility for the municipal civil infraction, with explanation.
- C. A preponderance of the evidence at an informal hearing or formal hearing.
- D. A default judgment for failing to appear at a scheduled appearance.
- REPEAT OFFENSE
- A determination of responsibility for a second, or any subsequent, municipal civil infraction with regard to the same ordinance, committed by the same person within any three-year period, unless some other period is specifically provided with regard to a specific ordinance provision.
- RESPONSIBLE or RESPONSIBILITY
- A determination entered by a court or Magistrate that a person is in violation of a provision of a Township ordinance prescribed to be a municipal civil infraction.
- Any act which is prohibited or made or declared to be unlawful or an offense under a Township ordinance, including affirmative acts as well as omissions and/or failures to act where that act is required by these ordinances.
The Township board is hereby authorized to appoint by motion or resolution any person as Ordinance Enforcement Officers for such term as may be designated in the motion or resolution for the purposes of carrying out the duties and responsibilities specified in this article for officials charged with the enforcement of this article. The Board may further, by motion or resolution, remove any person from such office, at the discretion of the Board.
An appointed Ordinance Enforcement Officer is authorized to enforce all ordinances of this Township whether or not any particular provision specifies or designates a different enforcing official. Where a particular officer is designated in any ordinance provision, that officer's authority shall continue in full force and effect, and shall not be diminished or impaired by the terms of this article, and the authority of the Ordinance Enforcement Officer shall be in addition and supplementary to the authority granted to such other specific officer.
The Ordinance Enforcement Officer's duties shall include the following:
A municipal civil infraction action may be commenced upon the issuance of a municipal civil infraction citation by an authorized official of the Township directing the person alleged to be responsible to appear in court.
The form of citations used to charge municipal civil infraction violations shall be in accordance with state law (MCLA § 600.8709).
The basis for issuance of a municipal civil infraction citation shall be as follows:
An authorized official who witnesses a person violate an ordinance, the violation of which is a municipal civil infraction, shall prepare and subscribe, as soon as possible and as completely as possible, an original and three copies of a citation.
An authorized official may issue a citation to a person if, based upon investigation, the official has reasonable cause to believe that a person is responsible for a municipal civil infraction.
An authorized official may issue a citation to a person if, based upon investigation of a complaint by someone who allegedly witnessed a person violate an ordinance, a violation of which is a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction and if the attorney for the Township approves in writing the issuance of the citation.
Municipal civil infraction citations shall be served in the following manner:
Except as otherwise provided below, the authorized official shall personally serve a copy of the citation upon the alleged violator.
A municipal civil infraction action involving the use or occupancy of land or a building or other structure, a copy of the citation need not 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.