(A) Municipal civil infraction.
(1) Generally. For purposes of this section, the words MUNICIPAL CIVIL INFRACTION shall mean an act or omission that is prohibited by an ordinance of the township, but which is not a crime under the particular ordinance involved, and for which civil sanctions, including, without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Public Act 236, Ch. 87, of 1961, being M.C.L.A. §§ 600.8701 et seq. as amended, and Public Acts 12 through 26 of 1994, as amended. A municipal civil infraction is not a lesser included offense of a violation of a township ordinance that is a criminal offense.
(Prior Code, § 40.001)
(2) General penalties and sanctions for violations of township ordinances; continuing violations; injunctive relief.
(a) Unless a violation of an ordinance of the township is specifically designated in the ordinance as a municipal civil infraction, the violation shall be deemed to be a criminal 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 the ordinance involved.
(c) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by the ordinances involved, plus any costs, damages, expenses and other sanctions, as authorized under Public Act 236, Ch. 87, of 1961, as amended, Public Acts 12 through 26 of 1994, as amended, and other applicable laws.
1. Unless otherwise specifically provided for a particular municipal civil infraction violation by an ordinance, the civil fine for a municipal civil infraction 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 an ordinance. As used in this section, REPEAT OFFENSE means a second (or any subsequent) municipal civil infraction violation of the same requirement or ordinance:
a. Committed by a person within any 24-month period (unless some other period is specifically provided by an ordinance); and
b. For which the person admits responsibility or is determined to be responsible.
3. Unless otherwise specifically provided by an 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 not less than $500, plus costs.
b. The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $750, plus costs.
(d) A VIOLATION includes any act which is prohibited or made or declared to be unlawful or an offense by an ordinance, and any omission or failure to act where the act is required by an ordinance.
(e) Each day on which any violation of an 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 township may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of any township ordinance.
(Prior Code, § 40.002)
(B) Municipal civil infraction citation authorization.
(1) Title. This division (B) shall be known as “Municipal Civil Infraction Citation Authorization”.
(Prior Code, § 40.051)
(2) Authorized persons. Unless prohibited by state law or unless otherwise provided by specific provisions of a particular township ordinance to the contrary, the following officials are hereby designated as the authorized township officials to issue and serve municipal civil infraction citations for violations of township ordinances which provide for a municipal civil infraction for a violation thereof:
(a) The Chief of the township’s Fire Department;
(b) The township’s Building Inspector;
(c) The County Sheriff and all other Deputy County Sheriffs of said county;
(d) The Township Supervisor;
(e) The Township Attorney; and
(f) The township’s Ordinance Enforcement Officer.
(Prior Code, § 40.052)
(3) Definitions. For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. Public Act 236 of 1961, as amended.
AUTHORIZED TOWNSHIP OFFICIAL. A township official, police officer or other personnel or agent of the township authorized by this code or any ordinance to issue municipal civil infraction citations.
MUNICIPAL CIVIL INFRACTION ACTION. A civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
MUNICIPAL CIVIL INFRACTION CITATION. A written complaint or notice prepared by an authorized township official, directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.
TOWNSHIP. Sparta Township.
(Prior Code, § 40.053)
(4) Municipal civil infraction action; commencement. A municipal civil infraction action may be commenced upon the issuance by an authorized township official of a municipal civil infraction citation directing the alleged violator to appear in court.
(Prior Code, § 40.054)
(5) Municipal civil infraction citations; issuance and service. Municipal civil infraction citations shall be issued and served by authorized township 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 which has jurisdiction over the township.
(c) 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 township and issued to the alleged violator as provided by § 8705 of the Act, being M.C.L.A. § 600.8705.
(d) A citation for a municipal civil infraction signed by an authorized township 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 to 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 township 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 township 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 Township Attorney approves in writing the issuance of the citation.
(g) Municipal civil infraction citations shall be served by an authorized township official as follows.
1. Except as otherwise provided below, an authorized township official shall personally serve a copy of the citation upon the alleged violator.
2. If the municipal civil infraction action 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 a 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.
(Prior Code, § 40.055)
(6) Municipal civil infraction citations; contents.
(a) A municipal ordinance 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.
(b) Further, the citation shall inform the alleged violator that he or she may do one of the following:
1. Admit responsibility for the municipal civil infraction by mail, in person or by representation, at or by the time specified for appearance;
2. Admit responsibility for the municipal civil infraction “with explanation” by mail by the time specified for appearance, in person or by representation; or
3. Deny responsibility for the municipal civil infraction by doing either of the following:
a. 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 township; and
b. Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
(c) The citation shall also inform the alleged violator of all of the following.
1. 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.
2. 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.
3. A hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the township.
4. 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.
5. 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 boldfaced 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.
(Prior Code, § 40.056) (Ord. 96-5, passed 8-1-1996)