(A) Municipal civil infractions action; commencement. A municipal civil infraction action may be commenced upon the issuance by an authorized city official of:
(1) A municipal civil infraction citation directing the alleged violator to appear in court; and/or
(2) A municipal civil infraction notice directing the alleged violator to appear at the Municipal Ordinance Violations Bureau.
(Prior Code, § 292.02)
(B) Municipal civil infraction citations; issuance and service. Municipal civil infraction citations shall be issued and served by authorized city officials as follows.
(1) The time for appearance specified in a citation shall be within a reasonable time after the citation is issued.
(2) The place for appearance specified in a citation shall be the 96 District Court.
(3) Each citation shall be numbered consecutively and shall be in a form approved by the state’s 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 § 8705 of the Act, being M.C.L.A. § 600.8705.
(4) A municipal civil infraction citation 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 citation, 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 city official who witnesses a person committing a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and required copies of a municipal civil infraction citation or a municipal civil infraction notice.
(6) An authorized city official may issue a municipal civil infraction citation or a municipal civil infraction notice 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; and/or
(b) 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 the Prosecuting Attorney or the City Attorney approves in writing the issuance of the citation.
(7) Municipal civil infraction citations and municipal civil infraction notices shall be served by an authorized city official as follows.
(a) Except as provided in division (B)(7)(b) below and in § 35.21(g), an authorized city official shall personally serve a copy of a citation or notice 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 citation or notice 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 other structure by posting the copy on the land or attaching a copy to the building or structure. In addition, a copy of the citation or notice shall be sent by first-class mail to the owner of the land, building, or structure at such owner’s last known address.
(Prior Code, § 292.03)
(C) Municipal civil infraction citations; contents.
(1) A municipal civil infraction citation shall contain the name and 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) Further, such citation shall inform the alleged violator that he or she may 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, or in person or by representation; or
(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 city; or
2. Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
(3) The citation shall also inform the alleged violator of the following.
(a) 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) 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 for appearance and obtain a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation.
(c) A hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the city.
(d) 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) At a formal hearing, the alleged violator must appear in person before the judge with the opportunity of being represented by an attorney.
(4) The citation shall contain a notice in bold-face 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 violator on the municipal civil infraction.
(Prior Code, § 292.04)