(A) Municipal civil infraction/payment of fine. Any person, firm, or corporation violating a provision of this subchapter, upon an admission or a finding of responsibility for such violation, shall be deemed responsible for a Village of Lake Orion municipal civil infraction as that term is defined and used in M.C.L.A. §§ 600.101, et seq., being Public Act 236 of 1961, as amended, and M.C.L.A. §§ 600.8701, et seq., being Chapter 87 of Public Act 236 of 1961, as amended, and a civil fine of not more than $500 shall be ordered, or as otherwise determined by the district court, district court judge, or district court magistrate.
(B) Costs. A person, firm, or corporation ordered to pay a fine under division (A)of this section shall, in addition to any fine, be ordered by the district court judge or magistrate civil costs of not more than $500, which costs may include all expenses, direct and indirect, to which the Village of Lake Orion and/or the enforcing agency on behalf of the Village of Lake Orion has been put in connection with the violation of the subchapter up to the entry of the Court's judgment or order to pay fine and costs.
(C) Additional writs and orders. A person who admits or is found responsible for violation of this subchapter shall comply with any order, writ, or judgment issued by the District Court to enforce this subchapter pursuant to Chapters 83 and Ch. 87 of the Revised Judicature Act, M.C.L.A. §§ 600.101, et seq., as amended.
(D) Default on payment of fines and costs. A default in payment of a civil fine, costs, or damages or expenses ordered under divisions (A) or (B) of this section or an installment of the fine, costs, or damages or expenses as allowed by the court, may be collected by the Village of Lake Orion by a means authorized for the enforcement of a judgment under Chapters 40 or 60 of the Revised Judicature Act, M.C.L.A. §§ 600.101, et seq., as amended.
(E) Failure to comply with judgment or order. If a defendant fails to comply with an order or judgment issued pursuant to this section within the time prescribed by the court, the court may proceed under division (G) of this section.
(F) Failure to appear in court. A defendant who fails to answer a citation or notice to appear in court for a violation of this subchapter is guilty of a misdemeanor, punishable by a fine of not more than $500 plus costs and/or imprisonment not to exceed 90 days.
(G) Civil contempt.
(1) If a defendant defaults in the payment of a civil fine, costs, or other damages or expenses, or installment as ordered by the district court, upon motion of the Township of Orion or upon its own motion, the court may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, order to show cause, or bench warrant of arrest for the defendant's appearance.
(2) If a corporation or an association is ordered to pay a civil fine, costs, or damages or expenses, the individuals authorized to make disbursements shall pay the fine, costs, or damages or expenses, and their failure to do so shall be civil contempt unless they make the showing required in this subchapter.
(3) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until all or a specified part of the amount due is paid.
(4) If it appears that the default in the payment of a fine, costs, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment or revoking the fine, costs, or damages or expenses.
(5) The term of imprisonment on civil contempt for nonpayment of a civil fine, costs, or damages or expenses shall be specified in the order of commitment and shall not exceed one day for each $30 due. A person committed for nonpayment of a civil fine, costs, or damages or expenses shall be given credit toward payment for each day of imprisonment and each day of detention in default of recognizance before judgment at the rate of $30 per day.
(6) A defendant committed to imprisonment for civil contempt for nonpayment of a civil fine, costs, or damages or expenses shall not be discharged from custody until one of the following occurs:
(a) A defendant is credited with an amount due pursuant to division (G)(5).
(b) The amount due is collected through the execution of process or otherwise.
(c) The amount due is satisfied pursuant to a combination of divisions (G)(6)(a) and (b).
(7) The civil contempt shall be purged upon discharge of the defendant pursuant to division (G)(6).
(Ord. 22.07, passed 5-23-22)