[Code 1992, § 33-1; 5-22-1995 by Ord. No. 1084; 1-27-1997 by Ord. No. 1109]
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:
Public Act No. 236 of 1961 (MCL 600.101 et seq.).
A police officer, police cadet, or other personnel of the
City authorized by this Code or any ordinance to issue municipal civil
infraction citations or municipal civil infraction violation notices.
The following persons other than police officers and police cadets
are also authorized City officials to issue a municipal civil infraction
notice or citation: the Chief Building Inspector or authorized representative;
the Fire Chief or his or her authorized representative; the Planning
Director or authorized representative; the Director of Public Works
or authorized representative; the Electrical Inspector; the Building
Inspector; and the Plumbing and Mechanical Inspector.
The City Municipal Ordinance Violations Bureau as established
by this article.
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 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 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 [MCL 600.8396, 600.8707(6)].
[Code 1992, § 33-2; 5-22-1995 by Ord. No. 1084]
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 Municipal Ordinance Violations Bureau.
[Code 1992, § 33-3; 5-22-1995 by Ord. No. 1084]
Municipal civil infraction citations shall be issued and served
by authorized City officials as follows:
(1)
The time for appearance specified in a citation shall be within a
reasonable time after the citation is issued.
(2)
The place for appearance specified in a citation shall be the 72nd
Judicial District Court.
(3)
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 Section 8705 of the Act (MCL 600.8705).
(4)
A citation for a municipal civil infraction 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; "I declare
under the penalties of perjury that the statements above are true
to the best of my information, knowledge and belief."
(5)
An authorized City official who witnesses a person commit a municipal
civil infraction may prepare and prescribe, as soon as possible and
as completely as possible, an original and required copies of a citation.
(6)
An authorized City official may issue a citation to a person if:
a.
Based upon investigation, the official has reasonable cause to believe
that the person is responsible for a municipal civil infraction; or
b.
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.
(7)
Municipal civil infraction citations shall be served by an authorized
City official as follows:
a.
Except as provided by Subsection (7)b of this section, an authorized
City official shall personally serve a copy of the citation upon the
alleged violator.
b.
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.
[Code 1992, § 33-4; 5-22-1995 by Ord. No. 1084]
(a)
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)
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 at or 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)
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)
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)
A hearing shall be an informal hearing unless a formal hearing
is requested by the alleged violator or the City.
(4)
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)
At a formal hearing, the alleged violator must appear in person
before a judge with the opportunity of being represented by an attorney.
(d)
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.
[Code 1992, § 33-5; 5-22-1995 by Ord. No. 1084]
(a)
Established. The City hereby establishes a Municipal Ordinance Violations
Bureau as authorized under Section 8396 of the Act, Public Act No.
236 of 1961 (MCL 600.8396), 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 this
Code or any ordinance.
(b)
Location. The Bureau shall be located at the Municipal Building,
100 McMorran Boulevard.
(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 article 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 and 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 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 § 32-33(6) and (7). In addition to any other information required by this Code or 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 Sections 8705 and
8709 of the Act (MCL 600.8705, 600.8709), but shall consist of a sworn
complaint containing the allegations stated in the municipal ordinance
violation notice and shall fairly inform the alleged violator how
to respond to the citation.
[Code 1992, § 33-6(a), (c); 5-22-1995 by Ord. No. 1084; 1-27-1997 by Ord. No. 1112; 3-23-1998 by Ord. No. 1147; 6-26-2017 by Ord. No. 17-005]
(a)
Violation of the following provisions of this Code shall be a municipal
civil infraction unless otherwise provided in such provisions:
[9-27-2021 by Ord. No. 21-009]
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Chapter 12, Businesses
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Chapter 14, Cemeteries
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Chapter 24, Fire Prevention and Protection
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Chapter 26, Floodplain Management Provisions of the State Construction Code
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Chapter 30, Land Divisions and Subdivisions
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Chapter 34, Offenses, § 34-211, Electronically amplified sound systems in motor vehicles
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Chapter 36, Parks and Recreation
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Chapter 38, Solid Waste and Recycling
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Chapter 42, Streets, Sidewalks and Other Public Places
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(b)
Violation of any section of this Code which is otherwise identified
as a municipal civil infraction by this Code shall be subject to this
article.
[Code 1992, § 33-7; 5-22-1995 by Ord. No. 1084; 4-25-2005 by Ord. No. 1249]
(a)
Unless otherwise provided by another section of this Code, the fine
payable to the Municipal Ordinance Violations Bureau for admission
of responsibility by persons served with a municipal civil infraction
notice shall be as follows:
(b)
The fines authorized under this section shall be in addition to any
other remedy provided for by law or ordinance and shall not diminish
or impair the ability of the City to seek alternative or additional
recourse or remedy for a violation of this Code or this article.
