CHAPTER 10: GENERAL PROVISIONS
Section
10.01 Title of code
10.02 Interpretation
10.03 Application to future ordinances
10.04 Captions
10.05 Definitions
10.06 Rules of interpretation
10.07 Severability
10.08 Reference to other sections
10.09 Reference to offices
10.10 Errors and omissions
10.11 Official time
10.12 Reasonable time
10.13 Ordinances repealed
10.14 Ordinances unaffected
10.15 Effective date of ordinances
10.16 Repeal or modification of ordinance
10.17 Ordinances which amend or supplement code
10.18 Section histories; statutory references
10.99 General penalty
10.100 Definitions
10.101 Municipal civil infraction action, commencement
10.102 Municipal civil infraction citations; issuance and service
10.103 Municipal ordinance violations bureau; creation; location; supervision; employees; rules and regulations
10.104 Authorized city officials
10.105 Disposition of violations; bureau limited to accepting admission of responsibility
10.106 Municipal civil infraction violation notices
10.107 Appearance; payment of fines and costs
10.108 Procedure where admission or responsibility not made or fine not paid
10.109 Civil fines
10.110 Accounting and disposition of civil fines
10.111 Collection of judgments
§ 10.01 TITLE OF CODE.
This codification of ordinances by and for the City of West Branch shall be designated as the Code of Ordinances of the City of West Branch and may be so cited.
§ 10.02 INTERPRETATION.
Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.
§ 10.03 APPLICATION TO FUTURE ORDINANCES.
All provisions of Title I compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
§ 10.04 CAPTIONS.
Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
§ 10.05 DEFINITIONS.
(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(B) For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY, MUNICIPAL CORPORATION, or MUNICIPALITY. The City of West Branch, Michigan.
CODE, THIS CODE or THIS CODE OF ORDINANCES. This municipal code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
COUNTY. Ogemaw County, Michigan.
MAY. The act referred to is permissive.
MONTH. A calendar month.
MUNICIPAL CIVIL INFRACTION. "Municipal Civil Infraction" means an act or omission that is prohibited by this Code or any ordinance of the City, but which is not a crime under this Code or any other ordinance, and for which civil sanctions, including without limitation, fines, damages, expenses, and costs may be ordered, as authorized by Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended. A municipal civil infraction is not a lesser-included offense of any criminal offense in this Code.
OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED.
OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee, commission, or department of this municipality unless the context clearly requires otherwise.
PERSON. Extends to and includes person, persons, firm, corporation, co partnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
PRECEDING or FOLLOWING. Next before or next after, respectively.
SHALL. The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of Michigan.
SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.
WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise.
YEAR. A calendar year, unless otherwise expressed; equivalent to the words YEAR OF OUR LORD.
§ 10.06 RULES OF INTERPRETATION.
The construction of all ordinances of this municipality shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:
(A) AND or OR. Either conjunction shall include the other as if written "and/or," if the sense requires it.
(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.
(C) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
§ 10.07 SEVERABILITY.
If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
§ 10.08 REFERENCE TO OTHER SECTIONS.
Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
§ 10.09 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this municipality exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
§ 10.10 ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
§ 10.11 OFFICIAL TIME.
The official time, as established by applicable state/federal laws, shall be the official time within this city for the transaction of all municipal business.
§ 10.12 REASONABLE TIME.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last.
§ 10.13 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.
§ 10.14 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 10.15 EFFECTIVE DATE OF ORDINANCES.
All ordinances passed by the City Council requiring publication shall take effect from and after the due publication.
Cross-reference:
Emergency ordinance procedures, see City Charter § 7.2
§ 10.16 REPEAL OR MODIFICATION OF ORDINANCE.
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause, or provision shall itself be repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
§ 10.17 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) If the City Council shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
§ 10.18 SECTION HISTORIES; STATUTORY REFERENCES.
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)
(B) (1) An M.C.L.A. cite included in the history of a section indicates that the text of the section reads either verbatim or substantially the same as the statute. Example: (M.C.L.A. § 551.271) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85).
(2) An M.C.L.A. cite set forth as a "statutory reference" following the text of the section indicates that the reader should refer to that statute for further information.
Example:
§ 31.10 MAYOR. The Mayor shall preside at all Council meetings.
(Ord. 10, passed 1-1-80)
Statutory reference:
For the powers and duties of the Mayor, see M.C.L.A. § 87.1
§ 10.99 GENERAL PENALTIES AND SANCTIONS FOR VIOLATIONS OF CODE AND CITY ORDINANCES; CONTINUING VIOLATIONS, INJUNCTIVE RELIEF.
(A) Unless a violation of this Code or any ordinance of the City is specifically designated in the Code or ordinance as a misdemeanor, the violation shall be deemed to be a Municipal Civil Infraction.
(B) The penalty for a misdemeanor violation shall be a fine not exceeding $500.00 (plus costs of prosecution), or imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for the violation by this Code or any ordinance.
(C) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by this Code or any 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 for a particular municipal civil infraction violation by this Code or any ordinance, the civil fine for a violation shall be not less than $50.00 or more than $500.00, plus costs and other sanctions, for each infraction. Costs shall include all expenses, direct and indirect, to which the City has been put in connection with the municipal civil infraction. In no case, however, shall costs of neither less than $9.00 nor more than $500.00 be ordered.
(2) Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this Code or any ordinance. As used in this Section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision (i) committed by a person within any 3 year period (unless some other period is specifically provided by this Code or any ordinance) and (ii) for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this Code or any 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 $150.00 nor no more than $500.00, plus costs.
(B) The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $500.00, plus costs.
(C) Repeat offenses are determined on the basis of the date of the commission of the offenses.
(D) A "violation" includes any act that is prohibited or made or declared to be unlawful or any offense by this Code or any ordinance; and any omission or failure to act where the act is required by this Code or any ordinance.
(E) Each act of violation and each day on which any violation of this Code or any 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 City may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of this Code or any City ordinance. The penalty or sanction shall be in addition to the abatement of the violating conditions, any injunctive relief, revocation or any permit or license, or other process.
(G) The penalties and sanctions provided by this section, unless another penalty or sanction is expressly provided, shall apply to the amendment of any section of this Code whether or not such penalty or sanction is enacted in the amendatory ordinance.
(Ord. 228, passed 4-18-94, Am. Ord. 01-04, passed 6-18-01)
§ 10.100 DEFINITIONS.
The following words, terms, and phrases, when used in §10.101 through §10.111, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(ACT. Act No. 236 of the Public Acts of 1961, as amended).
AUTHORIZED CITY OFFICIAL. A police officer or other personnel of the City authorized by this Code or any ordinance to issue municipal civil infraction citations or municipal civil infraction violation notices.
BUREAU. The City of West Branch Municipal Ordinance Violations Bureau as established by this Ordinance.
MUNICIPAL CIVIL INFRACTION ACTION. A civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
MUNICIPAL CIVIL INFRACTION CITATION. A written complaint or notice prepared by an Authorized City Official, directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE. A written notice prepared by an Authorized City Official, directing a person to appear at the City of West Branch Municipal Ordinance Violations Bureau and to pay the fine and costs, of any, prescribed for the violation by the schedule of civil fines adopted by the City, as authorized under Section 8396 and 8707(6) of the Act.
(Ord. 01-04, passed 6-18-01)
§ 10.101 MUNICIPAL CIVIL INFRACTION ACTION, COMMENCEMENT.
A municipal civil infraction action may be commenced upon the issuance by an Authorized City Official of (1) a municipal civil infraction citation directing the alleged violator to appear in court; or (2) a municipal civil infraction violation notice directing the alleged violator to appear at the City of West Branch Municipal Ordinance Violations Bureau.
(Ord. 01-04, passed 6-18-01)
§ 10.102 MUNICIPAL CIVIL INFRACTION CITATIONS; ISSUANCE AND SERVICE.
Municipal civil infraction citations shall be issued and served by Authorized City 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 by the City and issued to the alleged violator as provided by Section 8705 of the Act.
(D) A Citation for a municipal civil infraction signed by an Authorized City 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 the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief."
(E) An Authorized City 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 City Official may issue a citation to a person if:
(1) Based on 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 if the Prosecuting Attorney or City Attorney approved in writing the issuance of the citation.
(G) Municipal civil infraction citations shall be served by an Authorized City Official as follows:
(1) An Authorized City Official shall personally serve a copy of the citation upon the alleged violator.
(2) If the municipal civil infraction action involves the use or occupancy of land, a building or other structure, a copy of the citation does not need to be personally served upon the alleged violator, but may be served upon an owner or occupant of the land, building or structure by posting a 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.
(Ord. 01-04, passed 6-18-01)
§ 10.103 MUNICIPAL ORDINANCE VIOLATIONS BUREAU; CREATION; LOCATION; SUPERVISION; EMPLOYEES; RULES AND REGULATIONS.
The City hereby creates a Municipal Ordinance Violations Bureau ("Bureau") pursuant to the Act (MCL 600.8396), as it may be amended from time to time, to accept admission of responsibility for municipal civil infractions for which municipal ordinance violation notices have been issued and served by Authorized City Officials, and to collect and retain civil fines for such admissions as prescribed by this Code or any ordinance.
The Bureau shall be located at the West Branch City Hall, and shall be under the supervision and control of the City Manager. The City Manager, subject to the approval of the City Council, shall adopt rules and regulations for the operation of the Bureau.
(Ord. 01-04, passed 6-18-01)
§ 10.104 AUTHORIZED CITY OFFICIALS.
City Police Officers are authorized to enforce the provisions of this Section, and may issue municipal civil infraction violation notices or municipal civil infraction citations for any municipal civil infraction, except infractions of Chapter 152 (Zoning) of the Code which shall be enforced by a police officer only after the police officer is designated in writing by the City Manager. An official who has previously been authorized to enforce any provision of the Code or any ordinance of the City, by the Code or any ordinance, shall be authorized to enforce that provision of the Code or any ordinance as a municipal civil infraction under the provisions of this ordinance, and may issue municipal civil infraction violation notices or municipal civil infraction citations. Additionally, the City Council may by resolution, authorize other persons to enforce the provisions of this Section, including issuing municipal civil infraction violation notices or municipal infraction citations.
(Ord. 01-04, passed 6-18-01)
§ 10.105 DISPOSITION OF VIOLATIONS; BUREAU LIMITED TO ACCEPTING ADMISSIONS OF RESPONSIBILITY.
The Bureau may dispose only of municipal civil infraction violations for which a fine has been scheduled and for which a municipal civil infraction notice (as compared to a citation) has been issued. The Bureau's authority shall be limited to accepting admission of responsibility of municipal civil infractions and collecting and retaining civil fines and costs as a result of those admission. The Bureau shall not accept payment of a fine from anyone who denies having committed the offense or who admits responsibility only with explanation, and in no event shall the Bureau determine, or attempt to determine, the truth or falsity of any fact or mailer relating to the alleged violation.
(Ord. 01-04, passed 6-18-01)
§ 10.106 MUNICIPAL CIVIL INFRACTION VIOLATION NOTICES.
Municipal civil infraction violation notices shall be issued and served by Authorized City Officials under the same circumstances and upon the same persons as provided for citations in §10.102 of this Section. In addition to any information required by this Code or other ordinance, the notice of violation shall indicate the date by which the alleged violator must appear at the Bureau, the methods by which an appearance may be made, the address and telephone number of the Bureau, the hours during which the Bureau is open, the amount of the fine scheduled for the alleged violation, and the consequences for failure to appear and pay the required fine within the required time.
(Ord. 01-04, passed 6-18-01)
§ 10.107 APPEARANCE; PAYMENT OF FINES AND COSTS.
An alleged violator receiving a municipal civil infraction violation notice shall appear at the Bureau and pay the specified fine and costs at or by the date specified for appearance in the municipal civil infraction violation notice. An appearance may be made by mail, in person, or by representation.
(Ord. 01-04, passed 6-18-01)
§ 10.108 PROCEDURE WHERE ADMISSION OR RESPONSIBILITY NOT MADE OR FINE NOT PAID.
If an Authorized City Official issues and serves a municipal ordinance violation notice and if an admission of responsibility is not made and the civil fine and costs, if any, prescribed by the schedule of fines for the violation are not paid at the Bureau, the Treasurer or other designated City employee shall notify the issuing official that the alleged violator has not admitted responsibility and/or not paid the fine and costs. A municipal civil infraction citation may be filed with the District Court and a copy of the citation may be served by first-class mail upon the alleged violator at the alleged violator's last known address. The citation filed with the court does not need to comply in all particulars with the requirements for citations as provided by Sections 8705 and 8709 of the Act, but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice and shall fairly inform the alleged violator how to respond to the citation.
(Ord. 01-04, passed 6-18-01)
§ 10.109 CIVIL FINES.
Unless a different schedule of civil fines is provided for by an ordinance, the following schedule of civil fines, payable to the West Branch Municipal Ordinance Violations Bureau for admission of responsibility by persons served with municipal ordinance violations notices, shall apply:
1st offense within a 3-year period* $ 50.00
2nd offense within a 3-year period* $150.00
3rd or subsequent offense within a 3-year period* $500.00
*Determined on the basis of the date of commission of the offense(s). Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.
(Ord. 01-04, passed 6-18-01)
§ 10.110 ACCOUNTING AND DISPOSITION OF CIVIL FINES.
The City Clerk or other designated employee shall retain all municipal ordinance violation notices and shall account to the City Council as directed concerning the number of admissions and denials of responsibility for municipal civil infractions and the amount of fines collected. The amounts collected in civil fines shall be placed in the General Fund of the City.
(Ord. 01-04, passed 6-18-01)
§ 10.111 COLLECTION OF JUDGMENTS.
Whenever any unpaid civil infraction judgment against any property shall be delinquent for six months, the City official or officials in charge of the collection thereof shall certify annually, not later than May 1 of each year, to the tax assessing officer, the fact of such delinquency, whereupon such charge shall be entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general taxes against such premises are collected and the lien thereof enforced. Delinquent amount may also be collected as provided for in sections 8729, 8731, and 8733 of the Act.
(Ord. 01-04, passed 6-18-01)
