Unless a violation of this code is specifically designated in the text of this code to be a municipal civil infraction, a violation shall be deemed to be a misdemeanor.
(A) Penalties, Sanctions and Remedies for Code Violations.
(1) Penalties for Misdemeanors.
(a) Whenever in this code or in any rule, regulation or order made pursuant to this code or any ordinance of the village, any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision by any person shall, upon conviction, be punished by a fine not exceeding $500, and/or a term of probation, and/or imprisonment for a term not exceeding 90 or 93 days, except whenever a specific penalty is otherwise provided except pursuant to M.C.L.A. § 117.3(k). M.C.L.A. § 257.625(1)(c) of the Michigan Vehicle Code is hereby specifically adopted by reference. In addition to probation, costs of prosecution, and any other consequence ordered by the court, a violation of this section is punishable by one or more of the following:
1. Community service for not more than 360 hours;
2. Imprisonment for not more than 180 days; or
3. A fine of not less than $200 or more than $700.
(b) Except as specifically provided, any person under the age of 17 years who violates any provision of this code or any ordinance of the village shall be dealt with by the juvenile division of the probate court or as prescribed by the laws of the state.
(c) In addition to any penalty under this section, the village may seek injunctive relief, abate the condition as a nuisance, revoke any permit or license, and/or seek any other available remedy.
(d) The provisions of this section shall not apply to the failure of the village officers and employees to perform duties required in this code.
(e) Continuing Offense. Each act of violation, and each day upon which any such violation shall occur, shall constitute a separate offense.
(f) Penalties not Exclusive. In addition to any penalties provided for in this code, any equitable or other remedies available may be sought.
(2) Penalties for Municipal Civil Infractions. Penalties for municipal civil infractions shall be established by resolution of the Village Council.
(Am. Ord. A-4, passed 5-27-97)
(B) Commencement of Municipal Civil Infraction Action.
(1) A municipal civil infraction action may be commenced upon the issuance of a municipal civil infraction citation by an authorized official directing the person alleged to be responsible to appear in court.
(2) The form of citations used to charge municipal civil infraction violations shall be in accordance with state law, being M.C.L.A. § 600.8709.
(3) The basis for issuance of a municipal civil infraction citation shall be as set forth below:
(a) An authorized official who witnesses a person violate an ordinance, the violation of which is a municipal civil infraction, shall prepare and subscribe, as soon as possible and as completely as possible, an original and three copies of a citation.
(b) An authorized official may issue a citation to a person if, based upon investigation, the official has reasonable cause to believe that a person is responsible for a municipal civil infraction.
(c) An authorized official may issue a citation to a person if, 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 a municipal civil infraction and if the attorney for the village for whom the authorized local official is acting approves in writing the issuance of the citation.
(4) Municipal civil infraction citations shall be served in the following manner:
(a) Except as otherwise provided below, the authorized official shall personally serve a copy of the citation upon the alleged violator.
(b) In a municipal civil infraction action involving the use or occupancy of land or a building or other structure, a copy of the citation need not 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.
(c) A citation served as provided in division (b) above, 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) Ordinance Enforcement Officer.
(1) The Village Council is hereby authorized to appoint by motion or resolution any person or persons as ordinance enforcement officers for such term or terms as may be designated in the motion or resolution for purposes of carrying out the duties and responsibilities specified in this code for officials charged with the enforcement of this code. The Council may further, by motion or resolution, remove any person from such office, in the discretion of the Council.
(2) An appointed ordinance enforcement officer is authorized to enforce all provisions of this code, whether or not any particular provision specifies or designates a different enforcing official. Where a particular officer is designated in any code provision, that officer's authority shall continue in full force and effect, and shall not be diminished or impaired by the terms of this section, and the authority of the ordinance enforcement officer shall be in addition and supplementary to the authority granted to such other specific officer.
(3) The ordinance enforcement officer's duties shall include the following: Investigation of code violations; issuance and service of municipal ordinance violation notices and municipal civil infraction citations and municipal civil infraction violation notices; appearance in court or other judicial or quasi-judicial proceedings in the administration of this code.
(Am. Ord. A-3, passed 1-13-97; Am. Ord. A-9, passed 6-12-17)
Statutory Reference:
Limitation on penalties, M.C.L.A. § 117.4i, MSA 5.2082