ORDINANCE # 16—01

AN ORDINANCE PROVIDING FOR MUNICIPAL CIVIL INFRACTIONS OF CERTAIN TOWNSHIP ORDINANCES AND PENALTIES PURSUANT THERETO; ESTABLISHING PROCEDURES RELATING THERETO; AUTHORIZATION OF WHICH TOWNSHIP OFFICIALS CAN ISSUE CIVIL INFRACTION TICKETS AND APPEARANCE TICKETS; PENALTIES; AND PROCEDURES RELATING TO SUCH MATTERS

The Township Board of the Township of Atlas hereby Ordains:

SECTION 1 – Title

This Ordinance shall be known as the “Atlas Township Municipal Penalty, Civil Infraction of Appearance Tickets Ordinance.”

SECTION 2 — Definitions

As used in this Ordinance:

• “Act” means Act No. 236 of the Public Acts of 1961, as amended, and Public Acts 12-26 of 1994, as amended.

• “Authorized township official” means a township official, police officer or other personnel or agent of the township authorized by this Ordinance or any ordinance to issue municipal civil infraction citations.

• “Municipal civil infraction action” means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.

• “Municipal civil infraction citation” means 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” means Atlas Township.

SECTION 3 – 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 4 – Municipal Civil Infraction Citations; Issuance and Service

Municipal civil infraction citations shall be issued and served by authorized township officials as follows:

SECTION 5 – 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:

i) Admit responsibility for the municipal civil infraction by mail, in person, or by representation, at or by the time specified for appearance.

ii) Admit responsibility for the municipal civil infraction “with explanation” by mail by the time specified for appearance or, in person, or by representation.

iii) Deny responsibility for the municipal civil infraction by doing either of the following:

C. The citation shall also inform the alleged violator of all of the following:

i) That 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.

ii) That 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.

iii) That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the township.

iv) That 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.

v) That 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 6 – General Penalties and Sanctions for Violations of Township Ordinance;

Continuing Violations; Injunctive Relief

A. Unless a violation of an ordinance of the Atlas 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 $500.00 (plus costs of prosecution), or imprisonment not exceeding 93 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 Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended, Public Acts 12-26 of 1994, as amended, and other applicable laws.

i) Unless otherwise specifically provided for a particular municipal civil infraction violation by an ordinance (or if the ordinance involved is silent, as set by the Township Board by resolution), the civil fine for a municipal civil infraction violation shall be not less than $100.00, plus costs and other sanctions, for each infraction.

ii) Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of an ordinance. 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 the same person for the same property within any twelve (12) month period (unless some other period is specifically provided by an Ordinance) and (ii) for which the person admits responsibility or is determined to be responsible. 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:

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.

SECTION 7 – Authorized Persons—

Civil Infraction Tickets

Unless prohibited by state law or unless otherwise provided by specific provisions of a particular Atlas 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 ordinance which provided for a municipal civil infraction for a violation thereof.

If this Ordinance is silent as to given procedural requirements or in any way conflicts with the Act, the Act shall govern.

The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby.

This Ordinance shall become effective thirty (30) days after its publication (publication of a summary thereof) in a newspaper in general circulation within Atlas Township.