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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. Act No. 236 of the Public Acts of 1961, as amended, being M.C.L.A. § 600.100 et seq.
AUTHORIZED CITY OFFICIAL. A police officer or other city personnel authorized by this chapter or any ordinance to issue municipal civil infraction citations or municipal civil infraction violation notices.
BUREAU. City of Imlay City Municipal Ordinance Violations Bureau, as established by this chapter.
MUNICIPAL CIVIL INFRACTION. An act or omission that is prohibited by this chapter or any ordinance of the city but which is not a crime under this chapter or other ordinance, and for which civil sanctions, including without limitation, fines, damages, expenses, and costs, may be ordered, as authorized by Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended, being M.C.L.A. § 600.8701 et seq. MUNICIPAL CIVIL INFRACTION is not a lesser included offense of a violation of this chapter that is a criminal offense. (M.C.L.A. § 600.113)
MUNICIPAL CIVIL INFRACTION ACTION. A civil action in which the defendant is alleged to be responsible for a municipal civil infraction. (M.C.L.A. § 600.113)
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. (M.C.L.A. § 600.8701(b))
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE. A written notice prepared by an authorized city official, directing a person to appear at the Municipal Ordinance Violations Bureau and pay the fine and costs, if any, prescribed by the schedule of civil fines adopted by the city, as authorized under Sections 8396 and 8707(6) of Act No. 236 of the Public Acts of 1961, as amended, being M.C.L.A. §§ 600.8396 and 600.8707(6).
(M.C.L.A. § 600.8701) (Ord. 8.18, passed 2-7-95)
(A) Unless a violation of this code or other ordinance of the city is specifically designated in the code or ordinance as a municipal civil infraction, the violation shall be deemed to be a misdemeanor.
(B) The penalty for a misdemeanor violation shall be a fine not exceeding $500 (plus costs of prosecution), or imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for the violation by this code or any ordinance.
(C) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount provided by this code or any ordinance, plus any costs, damages, expenses, and other sanctions, as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended, being M.C.L.A. §§ 600.8701 et seq. and other applicable laws.
(1) Unless otherwise specifically provided for a particular municipal civil infraction violation by this code or any ordinance, the civil fine for a violation shall be not less than $50, plus costs and other sanctions, for each infraction.
(2) Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this code or any ordinance. As used in this section, REPEAT OFFENSE means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision (I) committed by a person within any six-month period, unless some other period is specifically provided by this code or any ordinance and (ii) for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this code or any ordinance for a particular municipal civil infraction violation, the increased fine for a repeat offense shall be as follows:
(a) The fine for any offense which is a first repeat offense shall be no less than $100, plus costs.
(b) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $150, plus costs.
(D) A violation includes any act which is prohibited or made or declared to be unlawful or an offense by this code or any ordinance; and any omission or failure to act where the act is required by this code or any ordinance.
(E) Each day on which any violation of this code or any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
(F) In addition to any remedies available at law, the city may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of this code or any ordinance.
(Ord. 8.18, passed 2-7-95)
A municipal civil infraction action may be commenced upon the issuance by an authorized city official of:
(A) A municipal civil infraction citation directing the alleged violator to appear in court; or
(B) A municipal civil infraction violation notice directing the alleged violator to appear at the Municipal Ordinance Violations Bureau.
(M.C.L.A. § 600.8703) (Ord. 8.18, passed 2-7-95)
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