(A) A municipal civil infraction action may be commenced upon the issuance of a municipal civil infraction citation by an authorized official directing the person alleged to be responsible to appear in court.
(B) The form of citations used to charge municipal civil infraction violations shall be in accordance with state law M.C.L.A. § 600.8709.
(C) The basis for issuance of a municipal civil infraction citation shall be as set forth below:
(1) 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;
(2) 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;
(3) An authorized official may issue a citation to a person if, based upon investigation of a complaint by someone who allegedly witnessed the 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 village for whom the authorized local office is acting approves in writing the issuance of the citation.
(D) Municipal civil infraction citations shall be served in the following manner:
(1) Except as otherwise provided below, the authorized official shall personally serve a copy of the citation upon the alleged violator;
(2) In 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 occupancy 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;
(3) A citation served as provided in subsection (D)(2) above, for a violation involving the use or occupancy of land or a building or other structure, shall be processed in the same manner as a citation served personally upon a defendant.
(E) For the purpose of this section, AUTHORIZED OFFICIAL shall mean an ordinance enforcement official as set forth in § 32.05 below, the Police Chief, or the Fire Official or a person authorized by them to act on their behalf.
(Ord. 158, passed 6-23-97; Am. Ord. 261, passed 4-26-21)