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)
Municipal civil infraction citations shall be issued and served by authorized city officials as follows:
(A) The time for appearance specified in a citation shall be within a reasonable time after the citation is issued.
(B) The place for appearance specified in a citation shall be the district court.
(C) Each citation shall be numbered consecutively and shall be in a form approved by the state court administrator. The original citation shall be filed with the district court. Copies of the citation shall be retained by the city and issued to the alleged violator as provided by Section 8705 of the Act, as amended, being M.C.L.A. § 600.8705.
(D) A citation for a municipal civil infraction signed by an authorized city official shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official:
"I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief."
(E) An authorized city official who witnesses a person commit a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and required copies of a citation.
(F) An authorized city official may issue a citation to a person if:
(1) Based upon investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction; or
(2) Based upon investigation of a complaint by someone who allegedly witnessed the person commit a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for an infraction, and if the prosecuting attorney or city attorney approves in writing the issuance of the citation.
(G) Municipal civil infraction citations shall be served by an authorized city official as follows:
(1) Except as provided by § 35.04(G)(2) below, an authorized city official shall personally serve a copy of the citation upon the alleged violator.
(2) If the municipal civil infraction involves the use or occupancy of land, a building or other structure, a copy of the citation does not need to be personally served upon the alleged violator, but may be served upon an owner or occupant of the land, building or structure by posting the copy of the citation or attaching the copy to the building or structure. In addition, a copy of the citation shall be sent by first-class mail to the owner of the land, building or structure at the owner's last known address.
(M.C.L.A. § 600.8707) (Ord. 8.18, passed 2-7-95)
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