6.24Authority to Issue a Citation — Municipal Civil Infractions
Only an authorized local official may issue a municipal civil infraction citation. Orion Twp v Munro, 235 Mich App 572, 574-575 (1999).
There are three separate circumstances under which an authorized local official can issue a citation:
•An authorized local official must issue a citation when the official witnesses a person violate an ordinance when the violation of the ordinance is a municipal civil infraction. MCL 600.8707(1).1
•An authorized local official may issue a citation when, based upon investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction. MCL 600.8707(2).
•An authorized local official may issue a citation when, based upon the investigation of a complaint by someone who witnessed a violation of an ordinance that constitutes a municipal civil infraction, the official has reasonable cause to believe the person is responsible for a municipal civil infraction and the prosecuting attorney or other attorney for the political subdivision employing the authorized local official approves in writing the issuance of the citation. MCL 600.8707(2).
An authorized local official must prepare an original and three copies of a citation, and must personally serve the third copy of the citation upon the alleged violator, except as provided in MCL 600.8707(4). MCL 600.8707(1); MCL 600.8707(3).
“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.” MCL 600.8707(4). A citation served under MCL 600.8707(4) “shall be processed in the same manner as a citation served personally upon a defendant pursuant to [MCL 600.8707(1) or MCL 600.8707(2)].” MCL 600.8707(5).
B.Municipal Ordinance Violations Bureau
“Except under the circumstances described in [MCL 600.8709(5)(a) or MCL 600.8709(5)(b)2], if a county, city, village, or township has established a municipal ordinance violations bureau, an authorized local official of the county, city, village, or township may issue and serve a municipal ordinance violation notice, instead of a citation, under the same circumstances and upon the same persons as provided in [MCL 600.8707] for the service of a citation.” MCL 600.8707(6).
“If an authorized local 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 ordinance for the violation are not paid at the municipal ordinance violations bureau, a citation may be filed with the court described in [MCL 600.8703(4)] and a copy of the citation may be served by first-class mail upon the alleged violator at his or her last known address.” MCL 600.8707(6).
“The citation filed with the court pursuant to this subsection need not comply in all particulars with [MCL 600.8705 and MCL 600.8709] but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice and shall fairly inform the defendant how to respond to the citation.” MCL 600.8707(6). “A citation issued under this subsection shall be processed in the same manner as a citation issued personally to a defendant pursuant to [MCL 600.8707(1) or MCL 600.8707(2)].” MCL 600.8707(6).
1 “An authorized local official who, knowing the statement is false, makes a materially false statement in a citation issued under [MCL 600.8707] is guilty of perjury, a felony punishable by imprisonment for not more than 15 years, and in addition is in contempt of court.” MCL 600.8713.
2 MCL 600.8709(5)(a)-(b) address trailway municipal civil infractions where damage was caused to a natural resource or facility and where the authorized local official impounded the vehicle.