§ 1-7.2 HATE CRIMES.

   (a)   If a person does all of the following, the penalties for the underlying crime are modified as provided in subsection (b) hereof:

      (1)   Commits a crime by violating a section of the Flint City Code;

      (2)   Intentionally selects the person against whom the crime is committed or selects the property that is damaged or otherwise affected by the crime because of the actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, marital status, political affiliation or disability of that person or the owner or occupant of that property.

   (b)   Any person convicted of a crime under subsection (a) shall be imprisoned for not less than 45 days nor more than 90 days, or fined not less than $250.00 nor more than $500 dollars, or both.

   (c)   This section provides for enhancement of penalties applicable to the underlying crime. The court shall direct the trier of fact to find a special verdict as to all of the issues specified in subsection (a) hereof.

(Ord. 3246, passed 8-23-1993; Ord. 3762, passed 1-11-2010)

§ 1-7.3 ABOLITION OF DISTINCTION BETWEEN ACCESSORY AND PRINCIPAL.

   Every person concerned in the commission of an offense, whether he/she directly commits the act constituting the offense or procures, counsels, aids or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction shall be punished as if he/she had directly committed such offense.

(Ord. 3445, passed 12-13-1999)

Statutory reference:

   MCLA § 767.39

§ 1-8 ENFORCEMENT OF ORDINANCES BY ISSUANCE OF APPEARANCE TICKETS BY AUTHORIZED PERSONNEL.

   The Chief Legal Officer may authorize certain City employees, other than police officers, and Hurley Medical Center Public Safety Officers to issue appearance tickets for the violation of city ordinances. Those so authorized shall be listed by classification and such list shall be kept on file, subject to public inspection, in the City Clerk’s office. Such list shall also state the specific City ordinance violations for which said employee or Hurley Public Safety Officer may issue appearance tickets. The Chief Legal Officer may make such additions and deletions to said list as are necessary from time to time in the manner specified in § 1-9 of this chapter.

(Ord. 2686, passed 1-8-1979; Ord. 3285, adopted 11-28-1994; Ord. 3791, passed 3-14-2011)

§ 1-9 PREPARATION OF LIST OF PERSONS AUTHORIZED TO ISSUE APPEARANCE TICKETS.

   The Chief Legal Officer shall prepare a list of those persons, by classification, to be authorized to issue municipal civil infraction notices, municipal civil infraction citations or appearance tickets pursuant to § 1-8 of this chapter. Said list shall be submitted to the City Council and if not rejected by said City Council within thirty (30) days from the date of transmittal, the persons employed in the classifications appearing thereon shall be authorized to issue municipal civil infraction notices, municipal civil infraction citations or appearance tickets. If the list referred to above is rejected in part, the persons employed in the classifications not rejected shall be authorized to issue municipal civil infraction notices, municipal civil infraction citations or appearance tickets and the persons employed in the classifications rejected shall not have such authority.

(Ord. 2686, passed 1-8-1979; Ord. 3285, passed 11-28-1994)

§ 1-10 APPEARANCE TICKETS.

   (a)   Officers, employees and other individuals employed by and in the service of the City who are authorized by State law and Flint City Code § 1-8 and § 1-9 to enforce the provisions of this Code, are hereby specifically authorized in accordance with State law, to issue and serve upon a person an appearance ticket. This authorization is contingent upon the authorizing person having reasonable cause to believe that a person has committed a violation of this Code. This authorization is not granted where the issuance of such an appearance ticket is expressly prohibited by the provisions of this Code or applicable State law.

   (b)   An “appearance ticket” as that term is used in subsection (a) means a complaint, municipal civil infraction or written notice issued and subscribed by a police officer or other authorized person as defined in subsection (a) which directs a person to appear in the local District Court at a designated future date and time in connection with the alleged commission of a violation of this Code for which the maximum permissible penalty does not exceed ninety-three (93) days in jail and/or a fine of five hundred dollars ($500.00). The appearance ticket shall be numbered consecutively, be in such form authorized by the State Court Administrator and shall consist of the following parts:

      (1)   The original, which shall be a complaint or notice to appear by the authorized person, shall be filed with the court;

      (2)   The first copy shall be an abstract of court records retained by the court;

      (3)   The second copy shall be retained by the appropriate local enforcement agency;

      (4)   The third copy shall be issued to the alleged violator.

   (c)   With the prior approval of the State Court Administrator, the appearance ticket may be appropriately modified as to content or number of copies to accommodate the law enforcement agency and local court procedures and practices.

(Ord. 3285, passed 11-28-1994; Ord. 3535, passed 6-9-2004)

§ 1-11 PRESUMPTION OF MISDEMEANOR.

   Unless a violation of this Code is specifically designated in the text of this Code to be a civil infraction, a violation shall be deemed to be a misdemeanor.

(Ord. 3285, passed 11-28-1994; Ord. 3536, passed 6-9-2004)