CHAPTER 34:  MUNICIPAL CIVIL INFRACTION BUREAU
Section
   34.01   Purpose
   34.02   Definitions
   34.03   Bureau established
   34.04   Disposition of violations; limitation of Bureau’s authority
   34.05   Violation notice; appearance and payment
   34.06   Procedure where admission of responsibility not made or fine not paid
   34.07   Ordinance violations designated civil infraction
   34.08   Commencement of action
   34.09   Issuance and service of municipal civil infraction citations
   34.10   Contents of citations
§ 34.01  PURPOSE.
   The purpose of this chapter is to establish a Municipal Civil Infraction Bureau.
(Ord. passed 4-27-99)
§ 34.02  DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT.  The Revised Judicature Act, Public Act 236 of 1961, being M.C.L.A. §§ 600.101 et seq., 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 citations or municipal civil infraction violation notices.
   BUREAU.  The City of Cheboygan Municipal Civil Infraction 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 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.
   MUNICIPAL CIVIL INFRACTION NOTICE.  A written notice prepared by an authorized city official, directing a person to appear at the City Municipal Civil Infraction Bureau and to pay the fines 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, being M.C.L.A. § 600.8396, as amended.
(Ord. passed 4-27-99)
§ 34.03  BUREAU ESTABLISHED.
   (A)   The city hereby establishes a Municipal Civil Infraction Bureau (“Bureau”) as authorized under Public Act 236 of 1961, § 8396, being M.C.L.A. § 600.8396, as amended, to accept admissions of responsibility for municipal civil infractions in response to municipal ordinance 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)   The Bureau shall be located at City Hall, and shall be under the supervision and control of the City Manager. The City Manager, subject to the approval of the City Council, shall adopt rules and regulations for the operation of the Bureau and appoint any necessary qualified city employees to administer the Bureau.
(Ord. passed 4-27-99)
§ 34.04  DISPOSITION OF VIOLATIONS; LIMITATION OF BUREAU’S AUTHORITY.
   (A)   The Bureau may dispose only of municipal ordinance violations designated as a civil infraction for which a fine has been scheduled and for which a municipal ordinance violation notice has been issued. Nothing in this chapter 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 citation 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.
   (B)   The scope of the Bureau's authority shall be limited to accepting admissions of responsibility for municipal ordinance violations 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.
(Ord. passed 4-27-99)
§ 34.05  VIOLATION NOTICE; APPEARANCE AND PAYMENT.
   (A)   Municipal ordinance violation notices shall be issued and served by authorized city officials under the same circumstances and upon the same persons as provided for in § 34.06 of this Chapter. 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.
   (B)   An alleged violator receiving a municipal ordinance 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 ordinance violation notice. An appearance may be made by mail, in person, or by representation.
(Ord. passed 4-27-99)
§ 34.06  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 Public Act 236 of 1961, §§ 8705 and 8709, being M.C.L.A. §§ 600.8705 and 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.
(Ord. passed 4-27-99)
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