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VILLAGE OF NASHVILLE MUNICIPAL CIVIL INFRACTIONS ORDINANCE

                                          ORDINANCE # 10-23-1997 A

SECTION 1.  Definitions.

1.  As used in this Chapter:

     (a) "Act" means Act 236 of the Public Acts of 1961, as amended.

(b) "Authorized Village Official" means a police officer or other personnel of the Village authorized by this code or any ordinance to issue municipal civil infraction notices.

(c) "Bureau" means the Village of Nashville Municipal Ordinance Violation Bureau as established by this Chapter.

 (d) "Municipal Civil Infraction Action" means a civil action in which the defendants is alleged to be responsible for the municipal civil infraction.

(e) "Municipal Civil Infraction Citation" means a written complaint or notice prepared by an authorized Village official, directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.

(f) "Municipal Civil Infraction Violation Notice" means a written notice prepared by an  authorized Village official, directing a person to appear at the Village of Nashville Municipal Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the Village, as authorized under Sections 8396 and 8707(6) of the Act.

(g) "Violation" means any act which is prohibited or made or declared to be unlawful or an offense by the Ordinance and any omission or failure to act where the act is required by the Ordinance.  Each day on which any violation of the Ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.

(h) "Repeat Violation" means a second (or any subsequent)  municipal civil infraction violation of the same term or provision (1) committed by a person, firm, corporation or other entity within any two year period and (2) for which the person, firm, corporation or other entity admits responsibility or is determined to be responsible.

2.  Municipal civil infraction action; commencement.

A municipal civil infraction action may be commenced upon the issuance by a authorized Village 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 Village of Nashville Municipal Ordinance Violations Bureau.

3.  Municipal civil infraction citations; issuance and service.

Municipal civil infraction citations shall be issued and served by authorized Village 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 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 Village 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 Village 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 Village 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 Village official may issue a citation to a person if:

          (1) Based upon 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 and if the prosecuting attorney or Village attorney approves in writing the issuance of the citation.

     (g) Municipal civil infraction shall be served by an authorized Village official as follows:

(1) An authorized Village 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 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.

4.  Municipal civil infraction citations; contents.

(a) A municipal civil infraction 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:

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

(2) Admit responsibility for the municipal civil infraction "with explanation" by mail by the time specified for appearance or, in person, or by representation.

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

(a) Appearing in person for a informal hearing before a judge or district court  magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the Village.

(b) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.

(c) The citation shall also inform the alleged violator of all of the following:

                

(1) 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.

(2) 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.

(3) That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the Village.

(4) 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.

(5) 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 boldface 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.

5.  Municipal ordinance violation bureau.

           

(a) Bureau Established.  The Village hereby establishes a Municipal Violations Bureau ("Bureau") as authorized under Section 8396 of the Act to accept admissions of responsibility for municipal civil infractions in response to municipal civil infraction violation notices issued and served by authorized Village officials, and to collect and  retain civil fines and costs as prescribed by this Code or any ordinance.

(b) Location; supervision; employees; rules and regulations.  The Bureau shall be located at Village Hall, and shall be under the supervision and control of the Clerk.  The Clerk shall  adopt rules and regulations for the operations of the Bureau.

(c) Disposition of violations.  The Bureau may dispose only of municipal civil infraction violations for which a fine has been scheduled and for which a municipal civil infraction violation notice (as compared with a citation) has been issued. The fact that a fine has been scheduled for a particular violation shall not entitle any person to dispose of the violation at the Bureau.  Nothing in this Chapter shall prevent or restrict the Village from issuing a municipal civil infraction citation for any violation or form prosecuting any violation in a court of competent jurisdiction.  No person shall be required to dispose of a municipal civil infraction violation at the Bureau and may have the violation processed before a court of appropriate jurisdiction.  The unwillingness of any person to dispose of any violation at the Bureau shall not prejudice the person or in any way diminish the person's rights, privileges and protection accorded by law.

(d) Bureau limited to accepting admissions of responsibility.  The scope of the Bureau's authority shall by limited to accepting admission of responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of a result of those admissions and in no event shall the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation.

(e) Municipal civil infraction violation notices.  Municipal civil infraction violation notices shall be issued and served by authorized Village officials.  In addition to any other information required by this Code or other ordinance, the notice of violation shall indicate the time by which the alleged violator must appear at 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.

(f) 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 time specified for appearance in the municipal civil infraction violation notice. An appearance may be made by mail, in person, or by representation.

(g) Procedure where admission of responsibility not made or fine paid.  If an authorized Village 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, a municipal civil infraction  citation may be filed with the District Court and a copy of the citation may be served by the  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 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.

6.  Schedule of civil fines established.

(a) A schedule of civil fines payable to the Bureau for Admissions of responsibility by  persons served with Municipal Ordinance Violation Notices is hereby established.  The fines for violations of ordinance listed below shall be as follows:

                                   1st                   2nd                     3rd OR  

ORDINANCE     VIOLATION    VIOLATION    REPEAT VIOLATION

NO. 11-01-50             $50                  $150                     $300

NO.  1-01-67              $50                  $150                     $300

NO.  6-16-02              $50                  $150                     $300

NO.  3-02-05              $50                  $150                     $300

NO.  3-23-37              $50                  $150                     $300

NO. 12-27-56           $100                  $200                     $300

NO.  1-22-81              $50                  $150                     $300

NO. 10-08-81             $50                  $150                     $300

NO.  4-17-39              $50                  $150                     $300

NO. 10-09-86             $50                  $150                     $300

NO.  7-22-82              $50                  $150                     $300

NO. 12-15-54             $50                  $150                     $300

NO.  8-01-1892          $50                  $150                     $300

NO.  5-21-34              $50                  $150                     $300

NO.  6-12-1878 #1     $50                  $150                     $300

NO.  6-11-1878 #3     $50                  $150                     $300

                                1st                   2nd                     3rd OR  

ORDINANCE     VIOLATION    VIOLATION    REPEAT VIOLATION

NO.  6-18-06            $50                 $150                      $300

NO.  7-26-79            $50                 $150                      $300

NO.  6-11-1878 #5   $50                 $150                      $300

NO.  9-05-10            $25                   $50                      $100

NO. 10-23-97C        $50                 $150                      $300

NO.  8-10-89            $50                 $150                      $300

NO. 10-08-64           $50                 $100                      $150

NO.  7-23-1888        $25                   $50                      $100

NO.  5-21-34            $50                 $150                      $300

NO.  6-12-11 #29     $50                 $150                      $300

NO.  6-12-1878 #6   $50                 $150                      $300

NO.  6-20-04            $50                 $150                      $300

NO.  6-12-11 #25     $50                 $150                      $300

NO.  5-12-55            $50                 $150                      $300

NO.  8-05-40            $50                 $150                      $300

NO.  8-15-1892        $50                 $150                      $300

NO.  4-13-37            $50                 $150                      $300

ZONING ORDINANCE  $50         $150                      $300

(b) Unless another penalty is expressly provided, any person, firm or entity determined          responsible for a violation of a Village Ordinance which has been designated as a civil          infraction shall be punished by a civil fine or $50 for a first violation, $150 for a second  violation and $300 for a third or subsequent violation, and shall be liable for the payment of costs in an amount of not less than $9.00 and not more than $500.

7.  Authorized Village Official.

Any Village Police Officer, Zoning Administrator, Building Officials and all other individuals or agencies authorized by council are hereby designated as authorized Village Officials to issue civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the Village of Nashville Municipal Ordinance Violations Bureau) as provided by this Code.

8.  Severability.

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.

9.  Conflicts.

All ordinances, resolutions and orders, and parts of ordinances, resolutions, and order inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict.

10.  Effective date.

This Ordinance shall become effective 20 days after its adoption or upon its publication, whichever occurs later.

  

YEAS: Gary White, Chris Pash, Dennis Mapes, Mike Kenyon, Carroll Wolff, Frank Dunham.                                          


NAYS: none                                                         

ABSTAIN: none                                                      

ABSENT: none - one open seat                                       


ORDINANCE NO. 10-23-1997-A ADOPTED.

Gary White                     

Village President

        

Cathy Lentz                     

Village Clerk