(A) A municipal civil infraction may be commenced upon the issuance by an authorized village official of a municipal civil infraction citation directing the alleged violator to appear in court.
(B) Municipal civil infraction citations shall be issued and served by authorized village officials as follows:
(1) The time for appearance specified on a citation shall be within a reasonable time after the citation is issued.
(2) The place for appearance specified on a citation shall be the 86th District Court unless the person cited for a municipal civil infraction is under the age of 17 at the time of the occurrence of the violation, at which time the matter shall be referred to the Grand Traverse County Probate Court.
(3) Each citation shall be numbered consecutively, shall be in the form approved by the state court administrator, and shall consist of the following parts:
(a) The original, which is a complaint and notice to appear, shall be filed with the county district court;
(b) The first copy shall be retained by the village and/or the ordinance enforcing agency;
(c) The second copy shall be issued to the alleged violator if the violation is a municipal civil infraction; and
(d) The third copy shall be issued to the alleged violator if the violation is a misdemeanor.
(4) A citation for a municipal civil infraction signed by an authorized village 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.”
(5) An authorized village 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.
(6) An authorized village official may issue a citation to a person if:
(a) Based upon investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction; or
(b) Based upon investigation of a complaint by someone who allegedly witnessed the person violate an ordinance, a violation of which is a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for an infraction and if the Village Attorney approves in writing the issuance of the citation.
(7) Municipal civil infraction citations shall be served by an authorized village official as follows:
(a) Except as provided in subsection (7)(b) of this section, an authorized village official shall personally serve a copy of the citation upon the alleged violator.
(b) If the municipal civil infraction action involves the use or occupancy of land, a building or other structure, a copy of the municipal civil infraction 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 on the land 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. A citation served in accordance with this subsection for a violation involving the use or occupancy of land or a building or other structure shall be processed in the same manner as a citation served personally upon a defendant.
(C) Contents of citations.
(1) A municipal civil infraction citation shall contain the name of the plaintiff and the name and the address of the alleged violator, the municipal civil infraction alleged, the place where the alleged violator shall appear in court, the telephone number of the court, and the time at or by which the appearance shall be made.
(2) A municipal civil infraction citation shall inform the alleged violator to do one of the following:
(a) Admit responsibility for the municipal civil infraction by mail, in person, or by representation, at or by the time specified for appearance.
(b) Admit responsibility for the municipal civil infraction with explanation by mail by the time specified for appearance, in person or by representation.
(c) Deny responsibility for the municipal civil infraction by doing either of the following:
1. Appearing in person for an informal hearing before a judge or district court magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the village.
2. Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney. A party requesting a formal hearing shall notify the court and the other party of the request at least 10 days before the hearing date, which request may be made in person, by representation, by mail or by telephone.
(3) The citation shall also inform the alleged violator of all of the following:
(a) That if the alleged violator desires to admit responsibility with explanation in person or by representation, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time for an appearance.
(b) That if the alleged violator desires to deny responsibility, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified to appear for a hearing unless a hearing date is specified on the citation.
(c) That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the village.
(d) That at an informal hearing, the alleged violator must appear in person before a judge or district court magistrate, without the opportunity of being represented by an attorney.
(e) That at a formal hearing, the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.
(D) The citation shall contain a notice in boldface type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in entry of a default judgment against the alleged violator on the municipal civil infraction. Return of the citation with an admission of responsibility and with full payment of applicable civil fines and costs, return of citation with an admission of responsibility with explanation, or timely application to the court for a scheduled date and time for an appearance under subsection (3)(a) or a hearing under subsection (3)(b) of this section constitutes a timely appearance.
(E) If an authorized village official issues a citation as set forth in this section, the court may accept an admission with explanation or an admission or denial of responsibility without the necessity of a sworn complaint. If the defendant denies responsibility for the municipal civil infraction, further proceedings shall not be held until a sworn complaint is filed with the court. A warrant for arrest for failure to appear on the municipal civil infraction citation shall not be issued until a sworn complaint relative to the municipal civil infraction is filed with the court.
(Ord. 7 09-05, passed 9-12-2005)