New and Proposed Ordinances

TOWNSHIP OF COTTRELLVILLE

ST. CLAIR, MICHIGAN

AN ORDINANCE TO PROVIDE FOR DESIGNATION OF MUNICPAL CIVIL INFRACTIONS OF CERTAIN TOWNSHIP ORDINANCES AND ZONING ORDINANCE PROVISIONS; TO DEFINE CERTAIN TERMS RELATING TO MUNICIPAL CIVIL INFRACTIONS, ESTABLSH PROCEDURES RELATING THERETO; PROVIDE FOR AUTHORIZATION OF CERTAIN TOWNSHIP OFFICIALS TO ISSUE CIVIL INFRACTION CITATIONS; ESTABLISH PENALTIES FOR SUCH DESIGNATED MUNCIPAL CIVIL INFRACTIONS; AND PROVIDE FOR REPEAL, AND SEVERABLILITY

THE TOWNSHIP OF COTTREVILLE HEREBY ORDAINS:

Proposed MCI Ordinance 2.24.25 (003)

Section 1.        TITLE.

This Ordinance shall be known as the Cottrellville Township Municipal Penalty, Civil infraction and Appearance Ticket Ordinance.

Section 2.        DEFINITIONS.

As used in this Ordinance the following new definitions are to be inserted in their correct alphabetical sequence:

• Act.  “Act” means Act No. 236 of the Public Acts of 1961, as amended.
• Authorized Township Official.  The words “authorized township official” mean a police officer or other person employed by the Township who is legally authorized to issue municipal civil infraction citations or municipal civil infraction notices.
• Municipal civil infraction action.  The words “municipal civil infraction action: mean a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
• Municipal civil infraction.  The words “municipal civil infraction” mean a civil infraction involving a violation of a township ordinance. Municipal civil infraction does not include a violation described in section 113 of the Act, being section 600.113(a) and 600.113(c) (i) through (vi) and (ix) of the Michigan Compiled Laws, as amended, or any act or omission that constitutes a crime and is punishable as a misdemeanor under this code.
• Municipal Civil Infraction Citation.  The words “municipal civil infraction citation” mean a written complaint or notice to appear in court upon which an authorized Township Official records the occurrence or existence of one or more municipal civil infractions by the person cited.
• Repeat offense.  The words “repeat offense” mean a second (or subsequent) municipal civil infraction violation of the same requirement or provision of this ordinance committed by a person within any six-month period for which the person admits responsibility or is determined responsible.

Section 3.        General Penalties and Sanctions for Violations of Township Ordinances, Continuing Violations, Injunctive Relief.

(a) In this section, the term “violation of Township Ordinance” means any of the following:

• (1) Doing an act that is prohibited or made or declared unlawful, an offense, or a violation by ordinance or by rule or regulation authorized by ordinance.
• (2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
• (3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, or violation by ordinance or by rule or regulation authorized by ordinance.

(b)  Any provision set for the within the compilation of the Township Ordinances that is made or declared to be a misdemeanor, civil infraction or municipal civil infraction is a violation of this Ordinance.

(c)  In this section, the term “violation of this Code” does not include the failure of a township officer or township employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(d)  It shall be unlawful and constitute a misdemeanor for any person to violate or fail to comply with any provisions of this Code, unless such violation or failure is, by state statute, declared to be a felony, or civil infraction, or is declared to be a municipal civil infraction as specified in (h) or unless specified in this Code of Ordinances.  Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code that is a misdemeanor shall be punished by a fine not to exceed $500.00, and costs of the prosecution, or by imprisonment for a period of not more than 90 days, or by both such fine and imprisonment.  However, unless otherwise provided by law, a person convicted of a violation of this Code which substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days shall be punished by a fine not to exceed $500.00, and costs of prosecution, or by imprisonment for a period of not more than 93 days or both such fine and imprisonment.

(e) Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.  As to other violations, each violation constitutes a separate offense.

(f)  The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(g)  Violations of this Code that are intermittent or ongoing are a nuisance per se and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief or quasi-judicial enforcement.

(h)  It is unlawful and constitutes a municipal civil infraction for any person to violate or fail to comply with the following Township Ordinances:

Ordinance no.                                                                       TITLE                                                                        SECTION

The sanction for a municipal civil infraction citation shall be a civil fine in the amount provided by this Ordinance, plus any costs, damages, expenses, and other sanctions, as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended and other applicable laws.

• (1)  Unless otherwise specifically provided by this Ordinance, the fine for each violation shall be not less than $100.00 or more than $200.00.
• (2)  An increased fine may be imposed by the court for each repeat offense. As used in this Ordinance, “repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or ordinance (i) committed by a person within any twelve (12) month period and (ii) for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by a 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 that is a first repeat offense shall be no less than $250.00 nor more than $400.00.
  • (B)  The fine for any second repeat offense or any subsequent repeat offense shall be no less than $500.00

(i)  In addition to all other remedies, the township may commence and prosecute appropriate actions or proceedings in court to restrain or prevent any noncompliance with or violation of any of the provisions of this Code, or to correct, remedy or abate such noncompliance or violation.

(j)  A “violation” includes any act which is prohibited or made or declared to be unlawful or and offense by an ordinance listed above in subsection (h); and any omission or failure to act where the act is required by an ordinance.

Section 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.

Section 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.

(c)  Each citation shall be numbered consecutively and shall be in a form approved by the state court administrator. The original citation shall be filed with the district court. Copies of the citation shall be retained the township and issued to the alleged violator as provided by Chapter 87 Section 8705 of the Act.

(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 of the official: “I declare under 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 provided below, an authorized Township Official shall personally serve a copy of the citation upon the alleged violator.
• (2)  If the municipal civil infraction involves the use or occupancy of land, a building or other structure, a copy of the citation does not need 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.

Section 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 or, in person, or by representation.
• (3) Deny responsibility for the municipal civil infraction by doing either of the following:
  • (i) 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.
  • (ii) 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 a hearing, unless a hearing date is specified on the citation.
• (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 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 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.

Section 7. Authority to issue municipal civil infraction citations

The Township Supervisor, Clerk, Zoning Administrator, Building Official, code enforcement official, mechanical and electrical inspectors, St. Clair Count Sherrif Deputy and his/her designees and such other officers, employees and other public servants designated by the Township Supervisor are authorized to issue and serve municipal civil infraction citations as authorized by Public Act 236 of 261, as amended and misdemeanor appearance tickets for ordinance violations.

Section 8.  Authority to Issue appearance tickets.

The Township Supervisor, Clerk, Zoning Administrator, Building Official, code enforcement official, mechanical, plumbing and electrical inspectors, St. Clair Count Sherrif Deputy and his/her designees and such other officers, employees and other public servants designated by the Township Supervisor as provided by section 9c and 9f of Chapter IV of Act No. 175 of the Public Acts of 1927, as amended.

Section 14.  All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect.

Section 15.  This ordinance shall become effective 30 days after the date of publication of this ordinance.