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 Parchment
 Code of Ordinances
 Chapter 1. GENERAL PROVISIONS
 Article II. MUNICIPAL civil INFRACTION

§ 1-21. Definitions.  

Latest version.

  • The following terms, as used in this article, shall have the meanings herein ascribed to them:

    Bureau shall mean the municipal ordinance violations bureau established in the following section.

    Citation or court citation means a written complaint or notice prepared by an authorized person directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction.

    Municipal civil infraction shall mean a violation of a provision of this article for which the remedy and/or penalty is prescribed to be a civil fine or other sanction other an 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. A civil infraction under the Motor Vehicle Code, MCL 257.101 et seq., as amended, shall not be deemed a municipal civil infraction.

    Municipal civil infraction determination shall mean a determination that a defendant is responsible for a municipal civil infraction by 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.

    (4)

    A default judgment for failing to appear at a scheduled appearance.

    Municipal civil infraction violation notice shall mean a written notice prepared by an authorized official, directing a person to appear at the city ordinance violations bureau for the purpose of paying a civil fine and/or costs for a violation which is prescribed to be a municipal civil infraction.

    Person means a natural person, or the principal, officer, director, partner or agent of any other entity, wherein he or she acted in bringing about a violation or municipal infraction.

    Repeat offense shall mean a determination of responsibility for second or any subsequent municipal civil infraction with regard to the same code provisions committed by the same person.

    Responsible or responsibility shall mean a voluntary admission or determination entered by a court or magistrate that a person is in violation of a provision of this article prescribed to be a municipal civil infraction.

    Violation shall mean any act which is prohibited or made or declared to be unlawful or an offense under this article, including affirmative acts as well as omissions and/or failure to act where the act is required by this article.

    Zoning violation means any violation or municipal civil infraction of the sections of this Code adopted pursuant to the City Zoning Act, Act 184 of the Public Acts of 1943, as amended. A zoning violation is declared a nuisance per se in accordance with section 24 of the Act.

(Ord. No. 191, §§ II, III, 7-7-08)