CODE OF ORDINANCES
Chapter 1
GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
Sec. 1-2. Definitions and rules of construction.
Sec. 1-3. Section catchlines and other headings.
Sec. 1-4. References and notes.
Sec. 1-5. Certain ordinances not affected by Code.
Sec. 1-6. Code does not affect prior offenses, rights, etc.
Sec. 1-7. Amendments to Code.
Sec. 1-8. Supplementation of Code.
Sec. 1-9. Severability.
Sec. 1-10. General penalties and sanctions for violations of Code and township ordinances; continuing violations; injunctive relief.
Sec. 1-11. Commencement of municipal civil infraction action.
Sec. 1-12. Municipal ordinance violations bureau.
Sec. 1-13. Service of municipal civil infraction violation notice.
Sec. 1-14. Authority of bureau.
Sec. 1-15. Election of person charged with violation.
Sec. 1-16. Procedure for persons electing not to respond to municipal civil infraction violations notice.
Sec. 1-17. Schedule of civil fines established.
Sec. 1-1. How Code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, Charter Township of Milford, Michigan," and may be so cited. Such Code may also be cited as the "Milford Charter Township Code."
State law references: Codification authority, MCL 42.20, MSA 5.46(20).
Sec. 1-2. Definitions and rules of construction.
It is the legislative intent of the township board, in adopting this Code, that all provisions and sections of this Code be liberally construed to protect and preserve the peace, health, safety and welfare of the inhabitants of the township. In the construction of this Code and any amendment thereto, the following rules shall be observed, unless the context clearly indicates otherwise:
Authorized official. The building official or his or her designee, code official or his or her designee, or any other duly authorized law enforcement official or any other township official designated by a specific ordinance to enforce such ordinance.
Bureau. The municipal ordinance violations bureau.
Code. The term "this Code" or "Code" shall mean the Code of Ordinances, Charter Township of Milford, Michigan, as designated in section 1-1.
Computation of time. The time within which an act is to be done, as provided in this Code or in any order issued pursuant to this Code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day be Sunday or a legal holiday it shall be excluded; and when the time is expressed in hours, the whole of a Sunday or a legal holiday, from 12:00 midnight to 12:00 midnight, shall be excluded.
County. The term "the county" or "this county" shall mean the County of Oakland in the State of Michigan.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Month. The word "month" shall mean a calendar month.
Municipal civil infraction. A violation of a provision of this Code for which the remedy and/or penalty is prescribed to be a civil fine, or other sanction other than 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.
Municipal civil infraction determination. 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. A written notice prepared by an authorized official, directing a person to appear at the township municipal 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.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
Oath, affirmation, sworn, affirmed. The word "oath" shall include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall include the word "affirmed."
Officer, department, etc. Whenever any officer, department or other agency is referred to by title only, such reference shall be construed as if followed by the words "of the Charter Township of Milford, Michigan." Whenever, by the provisions of this Code, any officer of the township is assigned any duty or empowered to perform any act or duty, reference to such officer shall mean and include such officer or his deputy or authorized subordinate. Whenever in accordance with the provisions of this Code or any ordinance of the township, any specific act is required to be done by any designated officer or official of the township, such act may be performed by any township employee duly authorized to perform that act by such officer or official.
Person. The word "person" shall include firms, joint adventures, partnerships, corporations, clubs and all associations or organizations of natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof.
Repeat offense. A determination of responsibility for a second, or any subsequent, municipal civil infraction with regard to the same Code provision, committed by the same person within any three-year period, unless some other period is specifically provided with regard to a specific Code provision.
Responsible or responsibility. A determination entered by a Court or magistrate that a person is in violation of a provision of this Code prescribed to be a municipal civil infraction.
Shall/may. The word "shall" is mandatory and the word "may" is permissive.
State. The term "the state" or "this state" shall mean the State of Michigan.
Tense. Words used in the present or past tense shall include the future as well as the present and past.
Township. The word "township" shall mean the Charter Township of Milford in Oakland County, Michigan.
Township board or board. The term "township board" or "board" shall mean the Charter Township Board of Milford Charter Township, Michigan.
Violation. Any act which is prohibited or made or declared to be unlawful or an offense under this Code, including affirmative acts as well as omissions and/or failures to act where the act is required by this Code.
Week. The word "week" shall mean seven days.
Written, in writing. The words "written" or "in writing" may include any form of reproduction or expression of language.
Year. The word "year" shall mean a calendar year.
(Ord. No. 161, § 1, 4-8-98)
Sec. 1-3. Section catchlines and other headings.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be the titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. No provision of this Code shall be held invalid by reason of deficiency in any such catchline or in any heading or title to any chapter, article or division.
Sec. 1-4. References and notes.
Cross references, state law references, editor's notes and history notes are by way of explanation only and should not be deemed a part of the text of any section.
Sec. 1-5. Certain ordinances not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance, when not inconsistent with this Code:
(1) Promising or guaranteeing the payment of money for the township, or authorizing the issuance of any bonds of the township or any evidence of the township's indebtedness, or any contract or obligation assumed by the township.
(2) Containing any administrative provisions of the township board.
(3) Acquiring a specific water and sewer system.
(4) Granting any right or franchise.
(5) Dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the township.
(6) Making any appropriation.
(7) Levying or imposing taxes.
(8) Establishing or prescribing grades in the township.
(9) Providing for local improvements and assessing taxes therefor.
(10) Dedicating or accepting any plat or subdivision in the township.
(11) Prescribing the number, classification or compensation of any township officers or employees.
(12) Prescribing specific parking restrictions, no-parking zones, specific speed zones, parking meter zones, and specific stop or yield intersections or other traffic ordinances pertaining to specific streets.
(13) Pertaining to rezoning.
(14) Any other ordinance, or part thereof, which is not of a general and permanent nature.
All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the township clerk's office.
Sec. 1-6. Code does not affect prior offenses, rights, etc.
(a) Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.
(b) The adoption of this Code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance in the township in effect on the date of adoption of this Code.
Sec. 1-7. Amendments to Code.
(a) Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section ________ of the Code of Ordinances, Charter Township of Milford, Michigan (or Milford Charter Township Code), is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as desired.
(b) If a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances, Charter Township of Milford, Michigan (or Milford Charter Township Code), is hereby amended by adding a section, to be numbered ________, which said section reads as follows: . . . ." The new section shall then be set out in full as desired.
Sec. 1-8. Supplementation of Code.
(a) By contract or by township personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the township board. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly in the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this Code, all portions of this Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
(c) When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;
(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ________ to ________" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
Sec. 1-9. Severability.
Should any provision or section of this Code be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions or sections, it being the intent of the township board that this Code shall stand, notwithstanding the invalidity of any provision or section thereof. The provisions of this section shall apply to the amendment of any section of this Code, whether or not the wording of this section is set forth in the amendatory ordinance.
Sec. 1-10. General penalties and sanctions for violations of Code and township ordinances; continuing violations; injunctive relief.
(a) Unless a violation of this Code or any ordinance of the Charter Township of Milford is specifically designated in the Code or ordinance as a municipal civil infraction, the violation shall be deemed to be a misdemeanor.
(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 by law.
(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 $75.00, plus costs and other sanctions, for each infraction.
(2) Increased civil fines shall be imposed for repeated violations by a person of a requirement or provision of this Code or any ordinance. Unless otherwise specifically provided by this Code or any ordinance for a particular municipal civil infraction violation, the increased fine for a first repeat offense ("second offense") shall be not less than $150.00, plus costs and other sanctions for each offense, and the increased fine for second (or any subsequent) offenses ("third offense", "fourth offense", etc.) shall be no less than $300.00, plus costs and other sanctions for each offense.
(3) The judge or magistrate shall be authorized to reduce a fine upon a determination of extraordinary circumstances.
(4) The judge or magistrate shall also be authorized to impose costs, damages and expenses as provided by law.
(5) In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the judge or magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation of, this Code.
(d) 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.
(e) In addition to any penalties provided for in this Code, any equitable or other remedies available may be sought.
(Ord. No. 161, § 2, 4-8-98)
State law references: Limitation on penalties, MCL 42.21, MSA 5.46(21).
Sec. 1-11. Commencement of municipal civil infraction action.
(a) A municipal civil infraction action may be commenced upon the issuance by an authorized official of either of the following:
(1) A municipal civil infraction citation directing the person alleged to be responsible to appear in court; or
(2) A municipal civil infraction violation notice directing the person alleged to be responsible to appear at the Charter Township of Milford Municipal Ordinance Violations Bureau.
(b) The form of citations used to charge municipal civil infraction violations shall be in accordance with state law (See MCL 600.8709).
(c) The basis for issuance of a municipal civil infraction citation shall be as set forth below:
(1) An authorized official who witnesses a person violate an ordinance, the violation of which is a municipal civil infraction, shall prepare and subscribe, as soon as possible and as completely as possible, an original and three (3) copies of a citation unless such official issues a municipal civil infraction violation notice.
(2) An authorized official may issue a citation to a person if, based upon investigation, the official has reasonable cause to believe that a person is responsible for a municipal civil infraction.
(3) An authorized official may issue a citation to a person if, based upon investigation of a complaint by someone who allegedly witnessed the person violate an ordinance, a violation of which is a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction and if the prosecuting attorney for the Charter Township of Milford approves in writing the issuance of the citation.
(d) Municipal civil infraction citations shall be served in the following manner:
(1) Except as otherwise provided below, the authorized official shall personally serve a copy of the citation upon the alleged violator.
(2) In a municipal civil infraction action involving the use or occupancy of land or a building or other structure, a copy of the citation need not 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.
(3) A citation served as provided in paragraph (2) above, for a violation involving the use or occupancy of land or a building or other structure, shall be processed in the same manner as a citation served personally upon a defendant.
(Ord. No. 161, § 3, 4-8-98)
Sec. 1-12. Municipal ordinance violations bureau.
(a) The Charter Township of Milford hereby establishes a municipal ordinance violations bureau ("bureau") to accept admissions of responsibility for municipal civil infractions in response to municipal civil infraction violation notices.
(b) Payments made to the bureau shall be retained and accounted for as fines and shall be deposited in the general fund.
(c) The bureau shall be located at the Milford Township offices, and shall be under the supervision and control of the Milford Township Treasurer.
(Ord. No. 161, § 3, 4-8-98; Ord. No. 161A, § 1, 11-21-01)
Sec. 1-13. Service of municipal civil infraction violation notice.
(a) Except as provided in subparagraph (b), below, an authorized official shall personally serve a copy of the municipal civil infraction violation notice upon an alleged violator.
(b) In a municipal civil infraction action involving the use or occupancy of land or a building or other structure, a copy of the municipal civil infraction violation notice need not 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 notice shall be sent by first-class mail to the owner of the land, building or structure at the owner's last known address.
(Ord. No. 161, § 3, 4-8-98)
Sec. 1-14. Authority of bureau.
(a) The bureau is authorized to accept payment of fines in response to municipal civil infraction violation notices, and shall not be authorized to accept monies or admissions of responsibility in response to municipal civil infraction citations.
(b) The bureau shall not accept payment of a fine from any person who denies having committed a municipal civil infraction charged in a municipal civil infraction violation notice.
(c) The bureau shall not have authority or jurisdiction to determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation.
(Ord. No. 161, § 3, 4-8-98)
Sec. 1-15. Election of person charged with violation.
(a) Any person receiving a municipal civil infraction violation notice shall be permitted to dispose of the charge alleged in the notice by making payment of the fine to the bureau. However, a person shall have the right to elect not to have the violation processed by the bureau and to have the alleged violation processed in a court of competent jurisdiction. The unwillingness of any person to dispose of a violation at the bureau shall not prejudice the person or in any way diminish the person's rights, privileges and protection accorded by law.
(b) A person electing to have the alleged violation processed at the bureau shall appear at the bureau and pay the specified fine within the time specified for appearance in the municipal civil infraction violation notice. Such appearance may be made by mail, in person, or by representation, provided if appearance is made by mail, the person charged in the notice shall have the responsibility for timely delivery of the fine within the time specified in the municipal civil infraction violation ordinance.