(a) No person shall willfully, wantonly and without cause cut down, destroy or injure any tree, shrub, grass, turf, plant, crops or soil of another, that is standing, growing or located on the land of another. A person convicted under this section shall be required to make full restitution for any damage done.
(b) Within 30 days after the conviction of a person for a violation of division (a) above, who committed the offense with a vehicle, as defined in § 79 of Public Act 300 of 1949, being M.C.L.A. § 257.79, a complaint may be made by the arresting officer or the officer’s superior before the court from which the warrant was issued, which complaint shall be under oath and shall contain a description of the motor vehicle with which the offense took place, praying that the motor vehicle be impounded as provided in this section. Upon the filing of the complaint, the court shall issue an order to the owner of the motor vehicle to show cause why the motor vehicle shall not be impounded. The order to show cause shall have a date and time fixed in the order for hearing, which date shall not be less than ten days after the issuance of the order, and shall be served by delivering a true copy to the owner not less than three full days before the date of hearing, or, if the owner cannot be located, by sending a true copy by certified mail to the last known address of the owner. If the owner is a nonresident of the state, service may be made upon the Secretary of State as provided in § 403 of the Michigan Vehicle Code, Public Act 300 of 1949, as amended, being M.C.L.A. § 257.403. If the court determines upon the hearing of the order to show cause, from competent and relevant evidence, that at the time of the commission of the offense the motor vehicle was involved in the commission of said offense, the court shall authorize the impounding of the vehicle for a period (to be determined by the court) of not less than 15 days nor more than 30 days. The court’s order authorizing the impounding of the vehicle shall authorize a law enforcement officer to take possession, without other process, of the motor vehicle, wherever located, and to store the vehicle in a public or private garage at the expense and risk of the owner of the vehicle. Appeal shall lie from the order to the Circuit Court of the county and the provisions governing the taking of appeals from judgments for damages shall be applicable to the appeal. This section shall not prevent a bona fide lien holder from exercising rights under a lien.
(c) In a complaint under this section, it is sufficient to allege the offense in the language of this section, and it is not necessary to allege that the intent was malicious.
(Ord. 235, passed 4-17-1996)