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Code of Ordinance › Chapter 1 — GENERAL PROVISIONS

1. (a) Unless a violation of an ordinance is specifically designated in the ordinance as a municipal civil infraction, the violation shall be deemed to be a misdemeanor.
2. (b) The penalty for a misdemeanor violation shall be a fine not exceeding $500.00 (plus costs of prosecution), or imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for the violation by the Code or any ordinance.
3. (c) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by the Code or any ordinance, plus any cost, damages, expenses, and other sanctions, as authorized under Chapter 87 of Public Act 236 of 1961, as amended, and other applicable laws.
   1. (1) Unless otherwise specifically provide for, the civil fine for a particular municipal civil infraction violation shall be not less than one hundred ($100.00) dollars, plus costs and other sanctions, for each infraction. Costs shall include all expenses, direct and indirect, to which the Village has been put in connection with the municipal civil infraction.
   2. (2) Increased civil fines may be imposed for repeated violations by a person of any ordinance provision. As used in this Section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation (based on the date of the commission of the offense) of the same requirement or provision(i) committed by a person within any 3-year period (unless some other period is specifically provided by ordinance) and (ii) for which the person admits responsibility or is provided by ordinance for a particular municipal civil infraction violation, the increased fines for a repeat offense shall be as follows:
      1. (A) The fine for any offense which is a first repeat offense shall be no less than two hundred fifty ($250.00) dollars, plus costs.
      2. (B) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than five hundred ($500.00) dollars, plus costs.
      3. (C) A "violation" includes any act which is prohibited by any ordinance or any omission or failure to act where the act is required by any ordinance.
      4. (D) Each act of violation and each day on which any violation of any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
      5. (E) In addition to any remedies available at law, the Village may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of the ordinance. The penalty or sanction shall be in addition to the abatement of the violating condition, any injunctive relief, revocation of any permit or license, or other process.
      6. (F) The penalties and sanctions provided by this section, unless another penalty or sanction as expressly provided, shall apply to the amendment of any section of this Code whether or not such penalty or sanction is enacted in the amendatory ordinance.

A municipal civil infraction action may be commenced upon the issuance by an authorized official of

1. (1) a municipal civil infraction citation directing the alleged violator to appear in court; or
2. (2) a municipal civil infraction violation notice directing the alleged violator to appear at the village municipal ordinance violations bureau to pay fines and costs.

Municipal civil infraction citations shall be issued and served by authorized officials as follows:

1. (a) The time for appearance specified in the citation shall be within a reasonable time after the citation is issued.
2. (b) The place for appearance specified in a citation shall be the 71-B District Court.
3. (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 71-B District Court. Copies of the citation shall be retained by the authorized official and issued to the alleged violator as provided by Section 8705 of the Act.
4. (d) A citation for a municipal civil infraction signed by an authorized 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. (e) An authorized 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.
6. (f) An authorized official may issue a citation to a person if:
   1. (1) Based upon investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction; or
   2. (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 prosecuting attorney or village attorney approves in writing the issuance of the citation.
7. (g) Citations shall be served by an authorized official as follows:
   1. (1) Except as provided by Section 1-18 (g)
   2. (2) , an authorized official shall personally serve a copy of the citation upon the alleged violator. (2) If the municipal civil infraction 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 of the citation or attaching a 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.

1. (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.
2. (b) Further, the citation shall inform the alleged violator that he or she may do one of the following:
   1. (1) Admit responsibility for the municipal civil infraction by mail, in person, or by representation, at or by the time specified for appearance.
   2. (2) Admit responsibility for the municipal civil infraction "with explanation" or by mail by the time specified for appearance or, in person, or by representation.
   3. (3) Deny responsibility for the municipal civil infraction by doing either of the following:
      1. (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 village.
      2. (B) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
3. (c) The citation shall also inform the alleged violator of all of the following:
   1. (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. (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. (3) That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the authorized official.
   4. (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. (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.
4. (d) The citation shall contain a notice in boldface 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 of appearance is a misdemeanor and will result in entry of a Default Judgment against the alleged violator on the municipal civil infraction.

notices; procedures; accounting.

(a) The Village hereby establishes a municipal ordinance violations bureau ("bureau") as authorized under section 8396 of the Act to accept admissions of responsibility for municipal civil infraction in response to municipal civil infraction violation notices issued and served by authorized officials, and to collect and retain civil fines and costs as prescribed by this ordinance. The bureau shall be located at the village clerk's office and shall be under the supervision and control of the village clerk.

(b) 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 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.

(c) Municipal civil infraction violation notices shall be issued and served by authorized village officials under the same circumstances and upon the same persons as provided for citations in sections 1- 18(f) and (g) of this Ordinance. In addition to any other information required by this 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.

(d) 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.

(e) If an authorized official issues and serves a municipal ordinance violation notice and if an admission of responsibility is not made and the civil fines 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 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, 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.

(f) The Chief of Police shall retain all municipal ordinance violation notices and shall account to the Village Council as directed concerning the number of admissions and denials of responsibility for municipal civil infractions and the amount of fines collected. The amounts collected in civil fines shall be placed in the general fund of the Village.

(g) Nothing in this ordinance shall prevent or restrict the Village from issuing a municipal civil infraction citation for any violation, from prosecuting any violation in a court of competent jurisdiction or from taking other enforcement action as authorized by law.

The various parts, sections, and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby. (Ord. No. 132, 6-21-2005) [1] Footnotes: ---

1. (1) --- Cross reference— Administration and enforcement of state construction code, § 18-31; civil emergencies, ch. 22; community development, ch. 26; special assessments, ch. 58; utilities, ch. 70; water department, § 70-61 et seq. State Law reference— Open meetings act, MCL 15.261 et seq., MSA 4.1800(11) et seq.; freedom of information act, MCL 15.231 et seq., MSA 4.1801(1) et seq. Secs. 2-1—2-30. - Reserved. [2] Footnotes: ---
2. (2) --- State Law reference— Village officers, MCL 62.1 et seq., MSA 5.1215 et seq.; duties of officers, MCL 64.1 et seq., MSA 5.1243 et seq.; village council, MCL 65.1 et seq., MSA 5.1264 et seq.; powers of the council, MCL 67.1 et seq., MSA 5.1285 et seq.

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