(A) Purpose. The purpose of this section is to adopt procedures for municipal civil infractions for enforcement of the City of Croswell ordinances as allowed under the Revised Judicature Act of 1961, Act 236 of 1961; Chapter 87, Municipal Civil Infractions.
(B) Definitions. The following terms are defined as used in this section unless context dictates otherwise:
ACT. The Michigan Revised Judicature Act, 1961 PA 236 as amended.
AUTHORIZED CITY OFFICIAL. The City Manager or designee, the Police Chief, 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 Croswell Municipal Ordinance Violations Bureau as established by this section.
MUNICIPAL CIVIL INFRACTION ACTION. A civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
UNIFORM LAW 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.
UNIFORM MUNICIPAL CIVIL INFRACTION CITATION. A written notice prepared by an authorized city official, directing a person to appear at the City of Croswell 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 §§ 8396 and 8707(6) of the Act.
(C) Municipal civil infraction action and notice of violation commencement. A municipal civil infraction action may be commenced upon the issuance by an authorized city official of:
(1) A uniform municipal civil infraction citation directing the alleged violator to appear in court; or
(2) A notice of violation directing the alleged violator to appear at the City of Croswell Municipal Ordinance Violations Bureau located at the city's principal office.
(D) Municipal civil infraction citations and notice of violation issuance and service. Municipal civil infraction citations and notice of violations shall be issued and served by authorized city officials as provided by the Revised Judicature Act of 1961, Act 236 of 1961, Chapter 87, Municipal Civil Infractions ("the Act") which is adopted by reference. Any provision of this section in conflict or interpretation, the Act shall prevail.
(E) Municipal Ordinance Violations Bureau.
(1) Bureau established. The City of Croswell establishes a Municipal Ordinance Violations Bureau ("Bureau") as authorized under the Act to accept admissions of responsibility for municipal civil infractions/Notices of Violation in response to municipal civil infraction 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.
(2) Location, supervision, employees, rules and regulations. The Bureau shall be located at the City of Croswell City Hall and shall be under the supervision and control of the Treasurer of the City of Croswell. The Treasurer, subject to the approval of the Council, shall adopt rules and regulations for the operation of the Bureau and appoint any necessary qualified employees to administer the Bureau.
(3) Disposition of violations. The City Manager or Chief of Police may dispose of municipal civil infraction citations or notice of violations for which a fine has been scheduled and for which a municipal civil infraction has been issued. Nothing in this division shall prevent or restrict an official of the City of Croswell from issuing a municipal civil infraction citation for any violation or from prosecuting any violation in a court of competent jurisdiction.
(4) The Bureau shall only have the authority to accept admissions of responsibility for civil infractions/notice violations of a city code violation and to collect and retain the scheduled civil fines/costs for such violations specified pursuant to this section or other applicable sections.
(F) Sanctions, costs and fees. Any authorized city official may issue a notice of violation or municipal civil infraction citation as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended and other applicable laws. Unless otherwise provided by a specific section, the fines, costs and fees are as follows:
(1) Notice violation. The sanction for a notice violation designated as a municipal civil infraction shall be payable at the Violation Bureau.
(a) The fine for any notice offense which is a first offense shall be $50.00.
(b) The fine for any offense which is a second offense shall be $100.00.
(c) The fine for a third or subsequent offense shall be $500.00.
(2) Municipal civil infraction. The sanction for a municipal civil infraction shall be payable at the Court. Notice shall be provided pursuant to the Municipal Civil Infraction Statute Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended, and other applicable laws.
(3) Municipal civil infraction penalty. The sanction for a municipal civil infraction fine shall be up to $500.00 pursuant to the Court's schedule of fines, plus costs, damages, expenses and other sanctions and injunctive relief, as authorized under the Municipal Civil Infraction Statute Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended, and other applicable laws.
(4) Misdemeanor failure to appear. A defendant who fails to answer a citation or notice to appear in court for a municipal civil infraction is a misdemeanor punishable by a fine up to $500.00 or imprisonment for up to 90 days, or both.
(5) Misdemeanor for a third offense. A defendant who is found responsible for two prior civil infraction citations for the same city ordinance designated as a municipal civil infraction within a three-year period from the date of a third violation of the ordinance is a misdemeanor punishable by a fine up to $500.00 or imprisonment for up to 90 days, or both.
(6) Nothing in this division shall require any authorized city official to first issue a Notice of Violation or municipal civil citation. Nothing in this section shall prevent the enforcing officer or the City Attorney from filing an action in a court of proper jurisdiction for damages or equitable relief as allowed by law.
(Ord. 331, passed 8-17-15; Am. Ord. 346, passed 12–6-21)