Municipal civil infraction citations shall be issued and served by authorized city officials as follows:
(A) The time for appearance specified in a 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's 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 § 8705 of the Act.
(D) 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.”
(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 a municipal civil infraction and if the prosecuting attorney or city attorney approves in writing the issuance of the municipal civil infraction citation.
(G) Municipal civil infraction citations shall be served by an authorized city official as follows:
(1) Except as provided by division (G)(2) below, an authorized city official shall personally serve a copy of the citation upon the alleged violator.
(2) 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 a 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. 183, passed 2-13-2012)