Section
32-1 Definitions
32-2 Municipal civil infraction action; commencement
32-3 Municipal civil infraction citations – issuance and service
32-4 Same – contents
32-5 Municipal Ordinance Violations Bureau
32-6 Schedule of civil fines established
32-7 Authorized city official
Editor's note:
An ordinance adopted June 12, 1995 added provisions designated as Chapter 20, §§ 20-1 through 20-7, titled "Municipal Civil Infractions." In order to maintain the alphabetical sequence of the code, said provisions have been redesignated as Chapter 32, §§ 32-1 through 32-7, at the discretion of the editor.
As used in this chapter:
ACT. Public Act 236 of 1961, as amended.
AUTHORIZED CITY OFFICIAL. A police officer or other personnel of the city authorized by this Code or any ordinance to issue municipal civil infraction violation notices.
BUREAU. The City of Charlotte Municipal Ordinance Violation Bureau as established by this chapter.
MUNICIPAL CIVIL INFRACTION ACTION. A civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
MUNICIPAL CIVIL INFRACTION CITATION. A written complaint of 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.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE. A written notice prepared by an authorized city official, directing a person to appear at the City of Charlotte 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 Public Act 236 of 1961, §§ 8396 and 9707(6).
(1993 Code, § 32-1) (Ord. passed 6-12-1995)
A municipal civil infraction action may be commenced upon the issuance by an authorized city official of:
(1) A municipal civil infraction citation directing the alleged violator to appear in court; or
(2) A municipal civil infraction violation notice directing the alleged violator to appear at the Municipal Ordinance Violations Bureau.
(1993 Code, § 32-2) (Ord. passed 6-12-1995)
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 district court.
(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 district court. Copies of the citation shall be retained by the city and issued to the alleged violation as provided by Public Act 236 of 1961, § 8705, being M.C.L.A. § 600.8705.
(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 witnesses 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 City Attorney approves in writing the issuance of the citation.
(G) Municipal civil infraction shall be served by an authorized city official as follows:
(1) Except as provided by subsection (2), an authorized city 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 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.
(1993 Code, § 32-3) (Ord. passed 6-12-1995)
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