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GENERAL
PROVISIONS
Article
II. Ordinance Violations
Sec. 1-51.
Definitions.
The following
words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Municipal civil infraction means an act or omission that is prohibited
by an ordinance of the village, is not a crime under such ordinance,
and for which civil sanctions may be ordered.
(Ord. No.
191, § I(c)1-21, 12-20-1994)
Cross references: Definitions generally, § 1-2.
Sec. 1-52. Violations constituting municipal civil
infractions.
A violation
of the following chapters of this Code shall constitute a municipal
civil infraction:
(1)
Chapter 4, entitled "Animals."
(2) Chapter 6, entitled "Buildings and Building
Regulations."
(3) Chapter 10, entitled "Environment."
(4) Chapter 12, entitled "Fences, Walls and
Hedges."
(5) Chapter 14, entitled "Fire Prevention
and Protection."
(6) Chapter 16, entitled "Land Divisions
and Subdivisions."
(7) Chapter 22, entitled "Parks and Recreation."
(8) Chapter 28, entitled "Solid Waste."
(9) Chapter 30, entitled "Streets, Sidewalks
and Other Public Places."
(10) Chapter 36, entitled "Utilities."
(11) Chapter 38, entitled "Vegetation."
(12) Chapter 40, entitled "Zoning."
(Ord. No.
191, § I(c)1-22, 12-20-1994)
Sec. 1-53. Violations not constituting municipal
civil infractions.
An act
or omission which constitutes a crime or violation of the following
shall not constitute a municipal civil infraction:
(1) Chapter 20 of this Code, entitled "Offenses."
(2) The Michigan Penal Code, Public Act No. 328 of
1931 (MCL 750.1 et seq.).
(3) Chapter 24 of this Code, entitled "Peddlers
and Solicitors."
(4) Chapter 34 of this Code, entitled "Traffic
and Vehicles."
(5) The Michigan vehicle code, Public Act No. 300
of 1949 (MCL 257.1 et seq.).
(6) Any other crime or violation not permitted to
constitute a municipal civil infraction under Public Act No. 12 of 1994
(MCL 600.113, 600.8302, 600.8313, 600.8375, 600.8396, 600.8512 and 600.8701
et seq.).
(Ord. No.
191, § I(c)1-23, 12-20-1994)
Sec. 1-54.
Prosecution of municipal civil infractions.
Sec. 1-54.
Prosecution of municipal civil infractions.
All violations of an ordinance of the village which constitutes a municipal
civil infraction shall be prosecuted by the village, as plaintiff, in
the village municipal court or any other court having jurisdiction,
and shall be prosecuted and administered in accordance with chapter
87 of Public Act No. 12 of 1994 (MCL 600.8701 et seq.).
(Ord. No. 191, § I(c)1-24, 12-20-1994)
Sec. 1-55. Civil infractions for traffic and parking.
Sec. 1-55.
Civil infractions for traffic and parking.
A civil infraction and a civil infraction action involving a traffic
or parking violation shall be governed by the applicable provisions
of chapter 34 of this Code or the Michigan vehicle code, Public Act
No. 300 of 1949 (MCL 257.1 et seq.).
(Ord. No.
191, § I(c)1-25, 12-20-1994)
Sec. 1-56.
Misdemeanors.
Violations
of chapters 20 and 24, and violations of chapter 34 which are not civil
infractions, shall constitute misdemeanors. 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 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 by both such fine and imprisonment.
(Ord. No.
191, § I(c)1-26, 12-20-1994)
Sec. 1-57. Penalties for municipal civil infractions.
(a)
A person found responsible for a municipal civil infraction
shall be assessed a civil fine according to a schedule adopted from
time to time by the council or, if no applicable schedule exists, a
civil fine not to exceed $500.00.
(b) In addition to such civil fine, the defendant
may be assessed the costs of such action, which are not limited to the
costs taxable in ordinary civil actions, and may include all expenses,
direct and indirect, to which the village has been put in connection
with the municipal civil infraction, up to the entry of judgment. Costs
of not less than $9.00, nor more than $500.00, shall be ordered.
(Ord. No.
191, § I(c)1-27, 12-20-1994)
Sec. 1-58. Order to abate.
Nothing
in this article shall limit or otherwise affect the authority of the
municipal court or any court of competent jurisdiction to issue an order
that a continuing ordinance violation be abated, and to punish a failure
to abate such a continuing violation as a contempt of court.
(Ord. No.
191, § I(c)1-28, 12-20-1994)
Sec. 1-59. Municipal ordinance violations bureau;
chief clerk.
There is
established a municipal ordinance violations bureau, to be located in
the police station in the village. The municipal court administrator,
or such other person as shall be designated by the council, shall be
the chief clerk of the municipal ordinance violations bureau.
(Ord. No.
191, § I(c)1-29, 12-20-1994)
State law references: Authority to create a municipal ordinance violations
bureau, MCL 600.8376.
Sec. 1-60. Procedure for answering charges; payment
of fines.
Any person
who has received a citation charging a municipal civil infraction may,
within the time specified in the citation, answer at the municipal ordinance
violations bureau to the charge set forth in the citation by paying
the prescribed fine in person or by proxy. By such action, such person
shall be deemed to have waived a hearing in court, and to have given
power of attorney to the person in charge of the municipal ordinance
violations bureau to make such a plea and pay such fine in court. Subject
to section 1-58, acceptance of the prescribed fine by the municipal
ordinance violations bureau shall be deemed complete satisfaction for
the violation.
(Ord. No.
191, § I(c)1-30, 12-20-1994)
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