(A) Terms used in this code, unless otherwise specifically defined, have the meanings prescribed by the statutes of the state for the same terms.
(B) For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. Public Act 236 of 1961 being M.C.L.A. §§ 600.101 et seq., as amended.
AUTHORIZED VILLAGE OFFICIAL. A police officer, building inspector, or other designated official or employee of the village authorized by this code to issue municipal civil infraction citations or municipal civil infraction violation notices.
BUREAU. The Village Municipal Violations Bureau, as established by this code.
CIVIL INFRACTION. An act or omission that is prohibited by this code or any ordinance of the village, but which is not a crime under this code or any other ordinance of the village, and for which civil sanctions including, without limitation, fines, damages, expenses, and costs may be ordered, as authorized by Public Act 236 of 1961, being M.C.L.A. §§ 600.8701 through 600.8735, as amended. A municipal CIVIL INFRACTION is not a lesser included offense of any criminal offense in this code.
COMPUTATION OF TIME. The time within which an act is to be done, as provided in this code or in any order issued pursuant to this code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is Sunday or a legal holiday it shall be excluded; and when the time is expressed in hours, the whole of Sunday or a legal holiday, from midnight to midnight, shall be excluded.
COUNCIL. The Village Council of Eau Claire, Michigan.
COUNTY. The County of Berrien, Michigan.
JUVENILE. Any person under 17 years of age.
MINOR. A person under 21 years of age.
MUNICIPAL CIVIL INFRACTION. An act or omission that is prohibited by this code of the village, but which is not a crime under this code or any code, and for which civil sanctions including, without limitation, fines, damages, expenses, and costs may be ordered, as authorized by Public Act 236 of 1961, Ch. 87, being M.C.L.A. §§ 600.101 et seq., as amended. A MUNICIPAL CIVIL INFRACTION is not a lesser included offense of a violation of this code that is a criminal offense.
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 village 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 village official directing a person to appear at the Village Municipal Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of fines adopted by the village, as authorized under §§ 8396 and 8707(6) of the Act.
OFFICER, DEPARTMENT, BOARD, AND THE LIKE. Whenever any officer, department, board, or other public agency is referred to by title only, the reference shall be construed as if followed by the words “of the Village of Eau Claire, Michigan”. Whenever, by the provisions of this code, any officer of the village is assigned any duty or empowered to perform any act or duty, reference to the officer shall mean and include the officer or his or her deputy or authorized subordinate.
ORDINANCES. The ordinances of the village and all amendments thereto.
PERSON. Any natural individual, firm, trust, partnership, association, or corporation. Whenever the word PERSON is used in any section of this code prescribing a penalty or fine, as applied to partnerships or associations, the word includes the partners or members thereof and, as applied to corporations, the word includes officers, agents, or employees thereof who are responsible for any violations of the section. The singular includes the plural. The masculine gender includes the feminine and neuter genders.
STATE, THE STATE, or THIS STATE. The State of Michigan.
VILLAGE. The Village of Eau Claire, Michigan.
(Ord. 2001-6, passed 8-20-2001)