Municipal Code
CHAPTER 212 Municipal Civil Infractions
212.01 Definitions.
212.02 Municipal civil infraction actions.
212.03 Ordinance Violations Bureau.
212.04 Schedule of civil fines.
CROSS REFERENCES
Form of municipal civil infraction violation citations -
see M.C.L.A.
600.8705 to 600.8709
Authority of Council re penalties - see CHTR. Ch. VI,
§§5, 6
General Code penalty - see CHTR. Ch. XVI, §11; ADM.
202.99
Municipal civil infraction penalty - see ADM. 202.99(a)
(3)
Zoning Code penalty - see P. & Z. 1242.99
212.01 DEFINITIONS.
As used in this chapter:
(a) "Authorized enforcement officer" means the Village
Police Department and all Village officials and
personnel designated by Council or authorized by Village
ordinance to issue Municipal civil infraction citations
or Municipal civil infraction notices.
(b) "Municipal civil infraction" means a violation of
any Village ordinance for which the remedy and/or
sanction is prescribed to be a civil fine or sanction
other than a criminal penalty. A Municipal civil
infraction is not a lesser included offense of a
criminal offense or of an ordinance violation that is
not a civil infraction.
(c) "Municipal civil infraction determination" means a
determination that a defendant is responsible for a
Municipal civil infraction based on one of the
following:
(1) An admission of responsibility for the Municipal
civil infraction;
(2) An admission of responsibility for the Municipal
civil infraction, "with explanation";
(3) A preponderance of the evidence at an informal
hearing or formal hearing; or
(4) A default judgment for failing to appear at a
scheduled appearance.
(d) "Municipal civil infraction violation notice" means
a written notice prepared by an authorized enforcement
officer directing a person to appear at the Ordinance
Violations Bureau established under this chapter for the
purpose of paying a civil fine and/or costs for a
violation which is prescribed to be a Municipal civil
infraction.
(e) "Violation" means any act or offense which is
prohibited or declared to be unlawful under any Village
ordinance and any omission or failure to act where such
act is required by ordinance. (Ord. 2000-1. Passed
2-7-00.)
212.02 MUNICIPAL CIVIL INFRACTION ACTIONS.
(a) Commencement. A Municipal civil infraction action is
commenced upon the issuance by an authorized enforcement
officer of either of the following:
(1) Citation. A Municipal civil infraction citation
directing the alleged violator to appear in District
Court; or
(2) Violation notice. A Municipal civil infraction
violation notice directing the alleged violator to
appear at the Ordinance Violations Bureau.
(b) Citation Form. The form and content of citations
used for Municipal civil infraction violations shall be
in accordance with M.C.L.A. 600.8705 and 600.8709.
(c) Basis for Issuance. The basis for issuance of a
Municipal civil infraction citation shall be as follows:
(1) Witnessed by authorized enforcement officer. An
authorized enforcement officer 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 unless the
officer instead issues a Municipal civil infraction
violation notice pursuant to subsection (e) hereof.
(2) Based upon investigation. An authorized enforcement
officer may issue a citation to a person if, based upon
investigation, the officer has reasonable cause to
believe that a person is responsible for a Municipal
civil infraction.
(3) Based on investigation of complaint by witness. An
authorized enforcement officer may issue a citation to a
person if, based upon investigation of a complaint by
someone who allegedly witnessed the person violate an
ordinance, the violation of which is a Municipal civil
infraction, the officer has reasonable cause to believe
that the person is responsible for a Municipal civil
infraction and if the Village Attorney approves, in
writing, the issuance of the citation.
(d) Filing and Service of Citations. Municipal civil
infraction citations shall be filed with the District
Court, and a copy shall be served in the following
manner:
(1) Personal service. Except as otherwise provided in
paragraphs (d) (2) and (3) hereof, the authorized
enforcement officer shall personally serve a copy of the
citation upon the alleged violator.
(2) Use or occupancy of land; posting. 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 the 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.
(3) Processing of citation. A citation served as
provided in paragraph (d)(2) hereof, 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.
(e) Municipal Civil Infraction Violation Notices. An
authorized enforcement officer may issue and serve a
Municipal civil infraction violation notice, instead of
a citation, under the same circumstances and in the same
manner as provided for the service of citations. The
violation notice shall indicate the time by which the
alleged violator must appear at the Ordinance Violations
Bureau, the means by which a violator may appear, the
address and telephone number of the Ordinance Violations
Bureau, the Ordinance Violations Bureau's hours, the
amount of the fine for the violation, and the
consequences for failure to appear or to pay the fine,
together with any other information required by
ordinance. (Ord. 2000-1. Passed 2-7-00.)
212.03 ORDINANCE VIOLATIONS BUREAU.
(a) Establishment; Purpose. An Ordinance Violations
Bureau is hereby established for the purpose of
accepting admissions of responsibility for Municipal
civil infractions in response to Municipal civil
infraction violation notices issued and served by
authorized enforcement officers, and to collect civil
fines and costs prescribed by Village ordinance.
(b) Disposition of Payments. Payments made to the
Ordinance Violations Bureau shall be retained and
accounted for as fines and costs, respectively, and
shall be deposited in the Village's General Fund.
(c) Location; Authority of Village Administrator. The
Ordinance Violations Bureau shall be located in the
Village's administrative offices, and shall be under the
supervision and control of the Village Administrator.
(d) Authority of Ordinance Violations Bureau.
(1) Acceptance of payments. The Ordinance Violations
Bureau is authorized to accept admissions of
responsibility for Municipal civil infractions in
response to Municipal civil infraction violation
notices, and to collect civil fines and costs in
connection therewith.
(2) Non-acceptance of payments where responsibility
denied. The Ordinance Violations Bureau shall not accept
payment of a fine or costs from any person who denies
having committed the Municipal civil infraction charged
in a Municipal civil infraction violation notice, or who
admits responsibility only with explanation.
(3) No authority to determine responsibility. The
Ordinance Violations Bureau shall not have the authority
or jurisdiction to determine, or attempt to determine,
the truth or falsity of any fact or matter relating to
an alleged violation.
(e) Disposition of Violations.
(1) Alleged violator's options. Any person receiving a
Municipal civil infraction violation notice may dispose
of the charge alleged in the notice by making payment of
the fine and/or costs to the Ordinance Violations
Bureau; however, a person shall have the right to elect
not to have the violation processed by the Ordinance
Violations Bureau and to instead have the alleged
violation processed in District Court. The unwillingness
of any person to dispose of a violation at the Bureau
shall not prejudice the person or in any way diminish
the person's rights, privileges and protection accorded
by law.
(2) Procedure for processing violations at bureau. A
person electing to have an alleged violation processed
at the Ordinance Violations Bureau shall appear at the
Bureau and pay the specified fine and/or costs within
the time specified for appearance in the Municipal civil
infraction violation notice. Appearance may be made by
mail, in person or by representation. If appearance is
made by mail, the person charged in the notice shall be
responsible for timely delivery of the fine and/or costs
within the time specified in the Municipal civil
infraction violation notice.
(3) Procedure where responsibility not admitted or fine
not paid. If a person elects not to admit responsibility
or pay the specified civil fine and/or costs prescribed
for an alleged violation, an authorized enforcement
officer may file a Municipal civil infraction citation
with the District Court, in which case a copy of the
citation shall be served by first-class mail upon the
person charged with the Municipal civil infraction at
the person's last known address. The citation filed with
the Court need not comply in all particulars with
Section 212.02(b), but shall consist of a sworn
complaint containing the allegations stated in the
Municipal ordinance violations notice and shall fairly
inform the defendant how to respond to the citation.
(Ord. 2000-1. Passed 2-7-00.)
212.04 SCHEDULE OF CIVIL FINES.
(a) Adoption. A schedule of civil fines payable to the
Ordinance Violations Bureau for admissions of
responsibility by persons served with Municipal civil
infraction violation notices shall be adopted from time
to time by resolution of Council.
(b) Posting. A copy of the adopted schedule of civil
fines shall be posted at the Ordinance Violations
Bureau.
(Ord. 2000-1. Passed 2-7-00.)
