View the PDF version Google Docs PDF Viewer
Chapter 46
LAW ENFORCEMENT*
Article I. In General
Sec. 46-1. Enforcement personnel; appearance tickets for misdemeanors
and civil infractions.
Secs. 46-2-46-30. Reserved.
Article II. Police Department
Division 1. Generally
Sec. 46-31. Composition; appointment and oath of members.
Sec. 46-32. Officers enumerated; rank.
Sec. 46-33. Sale of impounded vehicles.
Sec. 46-34. Schedule of fees for services of noncriminal nature.
Secs. 46-35--46-50. Reserved.
Division 2. Departmental Policies and Rules
Subdivision I. In General
Sec. 46-51. Application.
Sec. 46-52. Members to be familiar and comply with division and chiefs rules
and regulations.
Sec. 46-53. Outside business activities of members and employees.
Secs. 46-54-46-70. Reserved.
Subdivision II. Chief of Police
Sec. 46-71. Director of department.
Sec. 46-72. Government of department; instruction of members.
Sec. 46-73. Rules and regulations generally; role with respect to grievances
and conduct of members.
Sec. 46-74. Duty to enforce laws, procure evidence, keep prosecutors in-
formed.
Sec. 46-75. Appointment and punishment of members.
Sec. 46-76. Duty to keep records and make reports.
Sec. 46-77. Custody of all department property.
Sec. 46-78. Written orders.
Sec. 46-79. Duty to report incompetency or resignation of department mem-
ber.
Sec. 46-80. Power to detail members.
Sec. 46-81. Power to make rules pertaining to release on bond of persons
arrested without warrant.
Secs. 46-82-46-100. Reserved.
Subdivision III. Secretary
Sec. 46-101. Duties.
Secs. 46-102-46-120. Reserved.
Subdivision IV. School Crossing Guards
Sec. 46-121. Duties; identifying clothing; signs.
*State law references-Mutual assistance agreements, MCL 123.811 et seq.; uniform crime reports, MCL 28.251 et seq.;
commission on law enforcement standards act, MCL 28.601 et seq.
CD46:1
MUSKEGON CITY CODE
Sec. 46-122. Selection; training; supervision.
Sec. 46-123. Failure to obey signal as violation; presumption.
Secs. 46-124-46-150. Reserved.
Article III. Junk or Abandoned Property
Sec. 46-151. Definitions.
Sec. 46-152. Disposition of stolen, lost and abandoned property.
Sec. 46-153. Disposition of unclaimed property.
Sec. 46-154. Sale.
Secs. 46-155-46-200. Reserved.
Article IY. Municipal Civil Infractions
Sec. 46-201. Definitions.
Sec. 46-202. Issuance or service of citations.
Sec. 46-203. Municipal ordinance violations bureau.
Sec. 46-204. Schedule of civil fines established.
CD46:2
LAW ENFORCEMENT § 46-32
ARTICLE I. IN GENERAL (12) Code section 54-142(a), Solicitation of pros-
titution.
Sec. 46-1. Enforcement personnel; appear- (13) Code section 54-143(a), Loitering in a
ance tickets for misdemeanors and place of prostitution.
civil infractions.
(14) Code section 54-242, Use or possession of
(a) Police and peace officer authority. Police tobacco products by minors in public.
officers and peace officers shall have authority to
(15) Code section 54-264, Underage person in
issue notices of violation, citations and appear-
possession of alcoholic liquors.
ance tickets for civil infractions and misdemean-
ors under city ordinances. (16) Violation of park rules when the violation
constitutes a misdemeanor.
(b) Authority to issue civil infraction notices
(Code 2002, § 2-61; Ord. No. 1177, § 1, 10-27-1998)
and citations. Those persons designated as autho-
rized city officials in section 46-201 shall have the Secs. 46-2--46-30. Reserved.
power to issue notices of violations and citations
for municipal civil infractions.
(c) Authority to issue appearance tickets or ARTICLE II. POLICE DEPARTMENT*
citations for misdemeanors. Pursuant to section
9c(2) of the Code of Criminal Procedure (MCL DIVISION 1. GENERALLY
764.9c(2)), the following public servants are spe-
cially authorized by this section to issue and serve Sec. 46-31. Composition; appointment and
citations or appearance tickets with respect to the oath of members.
misdemeanors set forth in this section upon per-
sons whom they have reasonable cause to believe (a) The police department shall consist of a
have committed offenses: Park rangers may issue chief of police, to be appointed by the city manger,
misdemeanor appearance tickets where applica- and one or more captains, lieutenants, sergeants,
ble for the following violations of ordinances or secretaries, clerks, and such number of police
rules or successor ordinances or rules when they officers with pay and such number of special
occur in city parks: police, guards, and security guard supervisors
with or without pay as shall be deemed necessary
(1) Code section 54-1, Illegal occupation or by the chief of police, to be appointed by the chief
business. of police with the approval of the city manager. All
(2) Code section 54-2, Loitering where illegal new members of the department, except secretar-
occupation or business is conducted. ies and clerks, must be sworn in and take an oath
of office.
(3) Code section 54-36, Failure to pay fare of
vehicle for hire. (b) Throughout this article, the title of "chief of
police" or "police chief' may be used interchange-
(4) Code section 54-64, Assault, battery, breach ably and shall be meant to include the title of
of peace. director of public safety.
(5) Code section 54-91, Public intoxication. (Code 1975, § 15-1; Code 2002, § 46-31; Ord. No.
2127, § 1, 3-23-2004)
(6) Code section 54-93, Window peeping.
(7) Code section 54-94, Jostling others. Sec. 46-32. Officers enumerated; rank.
(8) Code section 54-95, Fighting in public. (a) The officers of the police department shall
rank as follows:
(9) Code section 54-96, Prowling.
First-Chief.
(10) Code section 54-97, Loitering.
*State law reference--Law enforcement officer employ-
(11) Code section 54-100, Public obscenity. ment standards, MCL 28.601 et seq.
CD46:3
§ 46-32 MUSKEGON CITY CODE
Second-Assistant chief. Secs. 46-35--46-50. Reserved.
Third-Captains.
DIVISION 2. DEPARTMENTAL POLICIES
Fourth-Lieutenants.
AND RULES
Fifth-Sergeants.
Sixth-Police officers. Subdivision I. In General
(b) Detectives shall be ranked as officers enu- Sec. 46-51. Application.
merated in this section, and shall have no sepa-
rate rank by virtue of being designated as detec- The rules and regulations set out in this divi-
tives. The situation in a case may require detectives sion shall govern the police department.
to exercise command responsibilities regardless (Code 1975, § 15-15; Code 2002, § 46-51)
of rank.
(Code 1975, § 15-2; Code 2002, § 46-32)
Sec. 46-52. Members to be familiar and com-
ply with division and chief's rules
Sec. 46-33. Sale of impounded vehicles.
and regulations.
A vehicle impounded by seizure under any city
ordinance may, after one month from date of All members of the police department shall
seizure, be sold by the police department, either thoroughly familiarize themselves with the provi-
at private or public sale, to the highest bidder, sions of this division, and shall conduct them-
after first giving the owner of the car, as is shown selves at all times in accordance with this division
to be in the office of the secretary of the state in and in obedience to all rules and regulations
which the car is licensed, on the day of seizure, a prescribed and promulgated by the chief of police.
notice of seizure and proposed sale, in writing, (Code 1975, § 15-16; Code 2002, § 46-52)
delivered in person or sent by first-class mail
addressed to such person at the owner's place of Sec. 46-53. Outside business activities of
business or residence as shown in such secretary members and employees.
of state's office.
(Code 1975, § 15-3; Code 2002, § 46-33; Ord. No. Members and employees of the police depart-
2158, 8-23-2005) ment shall devote their whole time and attention
to the service of the department, except as pro-
Sec. 46-34. Schedule of fees for services of vided in this section. During their off-duty hours,
noncriminal nature. members and employees of the police department
may engage in outside business activities so long
(a) The chief of police shall fix a schedule of as the latter in no way impairs or affects their
fees which shall be charged for services supplied efficiency or interferes with the performance of
by the police department of a noncriminal nature their official departmental duties. When engaged
such as the preparation of fingerprint cards and in such outside activities, members and employ-
the supplying of accident reports. ees of the police department shall file with the
(b) In addition to any fees charged by the chief of police a written notice of the character of
police department, it shall also collect any direct work engaged in and the place where engaged,
expense it will incur, if any, in providing the and they shall make themselves available and be
service. prepared, at all times, to respond immediately on
call if their services are required by the depart-
(c) All fees charged by the police department ment. It shall be the duty of the chief of police to
shall be reasonable in relation to the services determine whether such outside activities of any
included and shall be deposited in the general member of the department is impairing or affect-
fund of the city. ing his efficiency or interfering with his official
(Code 1975, § 15-5; Code 2002, § 46-34) duties, and if so, such member shall be required to
CD46:4
LAW ENFORCEMENT § 46-75
discontinue such activity. Members may engage times being deemed essential to the discipline of
in work for other city departments whenever the members and the satisfactory conduct of the
authorized by the chief of police. work of the department, violation of this rule
(Code 1975, § 15-17; Code 2002, § 46-53) shall be cause for immediate suspension of a
member offending in such regard. No member
Secs. 46-54-46-70. Reserved. shall report to anyone, other than the chief of
police, upon the conduct, deportment or efficiency
Subdivision II. Chief of Police of any member or employee of the department,
and it shall be the sole duty of the chief of police
Sec. 46-71. Director of department. to make reports upon or reply to questionnaires
regarding the conduct, deportment or efficiency of
The chief of police shall be the director of the any member or employee of the department.
police department subject to the rules and regu- (Code 1975, § 15-26; Code 2002, § 46-73)
lations of this division, and shall devote his full
time and attention to the management of the Sec. 46-74. Duty to enforce laws, procure
department. evidence, keep prosecutors in-
(Code 1975, § 15-24; Code 2002, § 46-71) formed.
Sec. 46-72. Government of department; in- It shall be the duty of the chief of police to
struction of members. cause the public peace to be preserved and to
enforce the laws of the state, the ordinances of the
The chief of police shall be responsible for the city and the rules of the city manager and the city
government, efficiency and general good conduct commission, of all of which the police department
of the police department, and shall supervise the takes cognizance. Whenever any violation thereof
instruction of the members of the department in shall come to his knowledge, the chief of police
their duties. shall cause the requisite complaint to be made
(Code 1975, § 15-25; Code 2002, § 46-72) and procure the evidence for the successful pros-
ecution of the offender. The chief of police shall
Sec. 46-73. Rules and regulations generally; keep the city attorney and the prosecuting officers
role with respect to grievances of the county informed of all matters that pertain
and conduct of members. to their several offices.
(a) The chief of police shall have the power to (Code 1975, § 15-27; Code 2002, § 46-74)
prescribe, promulgate and enforce rules and reg-
ulations for the government of the members and Sec. 46-75. Appointment and punishment of
employees of the police department, which shall members.
be approved by the city manager and filed with
The chief of police shall make all appointments
the city clerk, the city manager and the civil
in the police department subject to the confirma-
service commission. Each member of the depart-
tion of the city manager, following certification of
ment then shall be assumed to have knowledge of
the eligible person by the civil service commis-
and shall become subject to such rules.
sion, except that emergency appointments may be
(b) All grievances, disputes and other contro- made for a period not exceeding 60 days. The chief
versies in which a member of the police depart- of police may punish, by discipline, demotion,
ment may be involved shall be first directed or fine, suspension or dismissal, any member of the
brought to the attention of the chief of police for department who shall be guilty of any violation of
investigation and disposition, and no such matter the rules and regulations of the department. The
shall be referred to, or given attention by, any chief of police shall immediately, in writing, notify
other authority, unless such matter has been so the city manager and civil service commission of
brought to the attention and disposition thereof his action, specifying the offense and the reason
made by the chief of police. Observance of this for such punishment, and further report to the
rule by all members of the department at all city manager and civil service commission, in
CD46:5
§ 46-75 MUSKEGON CITY CODE
writing, all violations of the rules and regulations ergetically, promptly and properly perform his
or disobedience of orders, as prescribed in this full duty. The chief of police shall report, in
division, by the members and employees under writing, the resignation of any member of the
his command. department or notice of intended resignation,
(Code 1975, § 15-28; Code 2002, § 46-75) transmitting such report to the city manager and
civil service commission.
Sec. 46-76. Duty to keep records and make (Code 1975, § 15-32; Code 2002, § 46-79)
reports.
The chief of police shall cause to be kept such Sec. 46-80. Power to detail members.
books and records as may be specifically required
by ordinance and shall report to the city manager The chief of police shall have the power to
semiannually the number of arrests and convic- detail any member of the police department to
tions made during such time, together with the perform any service at any time if the good of the
causes of arrests made, and the chief of police department shall so demand.
shall give such other information to the city (Code 1975, § 15-33; Code 2002, § 46-80)
manager as may be required from time to time.
The chiefof police shall also cause to be made and Sec. 46-81. Power to make rules pertaining
kept such other books and records of the proceed- to release on bond of persons
ings of the department as he may deem necessary. arrested without warrant.
(Code 1975, § 15-29; Code 2002, § 46-76)
The chief of police is hereby authorized to make
Sec. 46-77. Custody of all department prop- such rules and regulations as shall be necessary
erty. for the release, on bond, of persons arrested
without a warrant for the violation of any city
The chief of police shall have the custody and ordinance, in keeping with the provisions of Pub-
control of all books, records, machines, tools, lic Act No. 44 of 1961 (MCL 750.581 et seq.).
implements, apparatus or equipment of every (Code 1975, § 15-34; Code 2002, § 46-81)
kind necessary for use in the police department,
and of all public property pertaining thereto.
(Code 1975, § 15-30; Code 2002, § 46-77) Secs. 46-82-46-100. Reserved.
Sec. 46-78. Written orders. Subdivision III. Secretary
The chief of police shall give all important
orders in writing and keep a record of such Sec. 46-101. Duties.
written orders, and it shall be the duty of the
entire force to render to him and his orders, either The secretary of the chief of police shall have
written or oral, unquestioned obedience. All such supervision of the clerical force in the police
orders must be in conformity with the law and the department subject to the orders of the chief and
rules and regulations of this division. shall be responsible for the proper and efficient
(Code 1975, § 15-31; Code 2002, § 46-78) performance of all duties and services required of
the clerical force and the general good order of the
clerical force. The secretary shall have such reg-
Sec. 46-79. Duty to report incompetency or
ular hours of duty as are prescribed, shall keep
resignation of department mem-
such books and records as may be designated,
ber.
including the preparation of the department pay-
The chief of police shall promptly report to the roll, the compilation of monthly and annual re-
city manager and civil service commission any ports and general statistics of the department,
officer or member or employee of the police depart- conducting the department correspondence, the
ment who, by reason of age, disease, accident or auditing of department bills, the issuing of requi-
other incompetency, does not or cannot fully, en- sitions for the purchase of supplies and the mak-
CD46:6
LAW ENFORCEMENT § 46-151
ing of repairs as directed by the chief of police, (b) The driver of a motor vehicle who fails to
and shall perform any other duties as required by stop at a school crossing when a school crossing
the chief of police. guard is in the crossing and is holding the stop
(Code 1975, § 15-96; Code 2002, § 46-101) sign in an upright position visible to approaching
vehicular traffic is guilty of a violation of subsec-
Secs. 46-102-46-120. Reserved. tion (a) of this section.
(c) In any proceeding for a violation of subsec-
Subdivision N. School Crossing Guards tion (b) of this section, proof that the particular
vehicle described in the citation, complaint or
Sec. 46-121. Duties; identifying clothing; warrant was in violation of subsection (b) of this
signs. section, together with proof that the defendant
named in the citation, complaint, or warrant was,
(a) When school crossing guards are assigned, at the time of the violation, the registered owner
they shall be stationed at school crossings during of the vehicle, shall constitute in evidence a
the times of day designated by the superintendent presumption that the registered owner of the
of the school district and the chief of police. vehicle was the driver of the vehicle at the time of
the violation.
(b) When on duty, a school crossing guard shall
(Code 1975, § 15-99; Code 2002, § 46-123)
wear an outer vest of a color and style meeting the
standards of the state manual of uniform traffic
control devices. The school crossing guard shall Secs. 46-124-46-150. Reserved.
also hold a stop sign which conforms to the state
manual of uniform traffic control devices for hand-
held signs. ARTICLE III. JUNK OR ABANDONED
PROPERTY
(c) When the school crossing guards are as-
signed at designated school crossings, warning Sec. 46-151. Definitions.
signs shall be erected in conformance with the
state manual of uniform traffic control devices. The following words, terms and phrases, when
(Code 1975, § 15-97; Code 2002, § 46-121) used in this article, shall have the meanings
ascribed to them in this section, except where the
Sec. 46-122. Selection; training; supervision. context clearly indicates a different meaning:
(a) School crossing guards shall be selected, Junk means any property that does not have
trained, and supervised by the city police depart- any fair market value or worth.
ment.
Notice means a notice the police department
(b) School crossing guards shall receive not must send by first class mail to any known legal
less than four hours of instruction in job-related owner of property of major value to the last
matters before assuming duties and four hours of known address of record. The notice shall contain
annual review thereafter. the following information:
(Code 1975, § 15-98; Code 2002, § 46-122)
(1) The date the property was found;
Sec. 46-123. Failure to obey signal as viola- (2) The type of property found;
tion; presumption.
(3) The address where the property is lo-
(a) The driver of any vehicle shall obey the cated;
instructions of any official traffic control device (4) The cost of storage per day, if any;
applicable thereto placed in accordance with the
traffic ordinances of the city, unless otherwise (5) A statement that the property must be
directed by a police officer. claimed within six months from the date
CD46:7
§ 46-151 MUSKEGON CITY CODE
of the letter or the property shall be (2) Sell the property at a public sale pursuant
considered abandoned and disposed of un- to section 46-154 and deposit the money
der the provisions of this section; from the sale with the city treasurer to
the credit of the city's general fund.
(6) The name of the law enforcement agency,
the address and the telephone number (3) Release the property to a charitable orga-
where the legal owner can obtain the nization as defined in Section 2 of Public
property. Act No. 169 of 1975 (MCL 400.272).
Property of major value means any property (b) Any police officer disposing of property in
whose fair market value exceeds the total cost of the manner provided in this article shall not be
preparing a property report, plus the costs of liable to the owner thereof.
storage and disposition. (Code 1975, § 15-8; Code 2002, § 46-153)
Property of minor value means any property Sec. 46-154. Sale.
whose fair market value is less than the total cost
(a) The police department shall publish notice
of preparing a property report, plus the costs of
in a newspaper of general circulation at least five
storage and disposition.
days before the sale. The notice shall describe the
(Code 1975, § 15-6; Code 2002, § 46-151)
property, including money, it shall state the time
and place of public sale at which the property may
Sec. 46-152. Disposition of stolen, lost and be purchased by the highest bidder. Until the date
abandoned property. of sale, the property, including money, may be
(a) All property of major value shall be re- claimed at the police office. If ownership is proved,
turned to the legal owner when the police depart- the department shall tum the property, including
ment is reasonably satisfied of that ownership. If money, over to the owner and cancel the sale
the legal owner is not located, after six months insofar as the claimed property is concerned.
from the date the police department takes posses- (b) The police department shall conduct such
sion of the property, the property shall be dis- sale and shall deposit the proceeds of the sale,
posed of pursuant to section 46-153. after deducting the costs of the sale, with the city
treasurer to the credit of the city's general fund.
(b) All property of minor value shall be re-
turned to the legal owner when the police depart- (c) If, within six months after the sale, the
ment is reasonably satisfied of that ownership. If, owner prior to sale of the property, including
after three months, the property has not been money, files with the police department a claim
claimed by the legal owner, the property may be for the property, including money, and proves his
disposed of in any manner by the police depart- right to the property, the police department shall
ment. direct the city treasurer to pay the money or the
amount received for the property to the owner
(c) Stolen, lost or abandoned property that is prior to sale. The police department shall not
determined to be junk may be disposed of in any approve any claims filed more than six months
manner by the police department. after the sale.
(Code 1975, § 15-7; Code 2002, § 46-152) (Code 1975, § 15-9; Code 2002, § 46-154)
Sec. 46-153. Disposition of unclaimed prop- Secs. 46-155-46-200. Reserved.
erty.
(a) Property of major value that is not claimed
as provided under section 46-152 shall be dis-
posed of by the police department as follows:
(1) Retain the property for use by the police
department or any other city department.
CD46:8
LAW ENFORCEMENT § 46-203
ARTICLE IV. MUNICIPAL CIVIL (5) The city clerk and any deputy clerk.
INFRACTIONS*
(6) The director, chief supervisor, safety and
services supervisor, special operations su-
Sec. 46-201. Definitions.
pervisor, and resources and recycling co-
The following words, terms and phrases, when ordinator, in the department of public
used in this article, shall have the meanings works.
ascribed to them in this section, except where the
(7) The city engineer and the permit engi-
context clearly indicates a different meaning:
neer, in the engineering department.
Authorized city official means a police officer or
other person authorized by this Code or any Bureau means the city municipal ordinance
ordinance to issue municipal civil infraction cita- violations bureau as established by this article.
tions or municipal civil infraction violation no- Municipal civil infraction citation means a
tices. The term "authorized city official" includes written complaint or notice prepared by an autho-
the following, in addition to police officers: rized city official, directing a person to appear in
(1) City inspectors and all persons carrying court regarding the occurrence or existence of a
on the inspection function under construc- municipal civil infraction violation by the person
tion codes enforced in the city from time cited.
to time as well as any other codes or
ordinances concerning the condition of Municipal civil infraction violation notice means
property such as, but not limited to, the a written notice prepared by an authorized city
property maintenance code and the state official, directing a person to appear at the city
construction code, and also including the municipal ordinance violations bureau and to pay
director of neighborhood and construction the fine and costs, if any, prescribed for the
services, the city building official or any violation by the schedule of civil fines adopted by
successor department. the city, as authorized under sections 8396 and
8707(6) of the revised judicature act of 1961 (MCL
(2) All personnel designated as zoning and 600.8396, 600.8707(6)).
planning enforcement personnel, includ- (Code 1975, § 25-1; Code 2002, § 2-201)
ing, but not limited to, the zoning admin-
istrator, the director of planning or the Sec. 46-202. Issuance or service of citations.
director of community and economic de-
velopment. The issuance by authorized city officials, ser-
vice by authorized city officials and contesting of
(3) The fire chief, the fire marshal, and all
municipal civil infraction citations shall comply
enforcement personnel who are employ-
with state law.
ees of the fire department.
(Code 1975, §§ 25-2, 25-3; Code 2002, § 2-202)
(4) Any persons employed to monitor or en- State law references-Issuance and service of citations,
force or administer any park, marina or MCL 600.8707; contesting civil infractions, MCL 600.8715 et
seq.
cemetery ordinances or rules, including
park rangers, park supervisor, park in-
terns, lifeguards, park maintenance staff, Sec. 46-203. Municipal ordinance violations
the cemetery forestry supervisor, ceme- bureau.
tery maintenance staff, recreation super-
(a) Bureau established. The city hereby estab-
visor, the youth/recreation coordinator, the
lishes a municipal ordinance violations bureau
harbor master, the marina staff, together
("bureau") as authorized under section 8396 of the
with the director of the department of
revised judicature act of 1961 (MCL 600.8396) to
leisure services.
accept admissions of responsibility of municipal
*State law reference-Municipal civil infractions, MCL civil infractions in response to municipal civil
600.8701 et seq. infraction violation notices issued and served by
CD46:9
§ 46-203 MUSKEGON CITY CODE
authorized city officials, and to collect and retain under the same circumstances and upon the same
civil fines and costs as prescribed by this Code or persons as provided for citations in this article. In
any ordinance. addition to any other information required by this
Code or other ordinance, the notice of violation
(b) Location; supervision; employees; rules and
shall indicate the time by which the alleged
regulations. The bureau shall be located at violator must appear at the bureau, the methods
Muskegon City Hall, 933 Terrace Street, City of by which an appearance may be made, the ad-
Muskegon, Michigan, and shall be under the dress and telephone number of the bureau, the
supervision and control of the city treasurer. The hours during which the bureau is open, the amount
city treasurer, subject to the approval of the city of the fine scheduled for the alleged violation, and
manager, shall adopt rules and regulations for the the consequences for failure to appear and pay
operation of the bureau and appoint any neces- the required fine within the required time.
sary qualified city employees to administer the
bureau. (f) Appearance; payment of fines and costs. An
alleged violator receiving a municipal civil infrac-
(c) Disposition of violations. The bureau may tion violation notice shall appear at the bureau
dispose only of municipal civil infraction viola- and pay the specified fine and costs at or by the
tions for which a fine has been scheduled and for time specified for appearance in the municipal
which a municipal civil infraction violation notice civil infraction violation notice. An appearance
(as compared with a citation) has been issued. may be made by mail, in person, or by represen-
The fact that a fine has been scheduled for a tation.
particular violation shall not entitle any person to
dispose of the violation at the bureau. Nothing in (g) Procedure where admission of responsibil-
this article shall prevent or restrict the city from ity not made or fine not paid. If an authorized city
issuing a municipal civil infraction citation for official issues and serves a municipal ordinance
any violation or from prosecuting any violation in violation notice and if an admission of responsi-
a court of competent jurisdiction. No person shall bility is not made and the civil fine and costs, if
be required to dispose of a municipal civil infrac- any, prescribed by the schedule of fines for the
tion violation at the bureau and may have the violation are not paid at the bureau, a municipal
violation processed before a court of appropriate civil infraction citation may be filed with the
jurisdiction. The unwillingness of any person to district court and a copy of the citation may be
dispose of any violation at the bureau shall not served by first class mail upon the alleged violator
prejudice the person or in any way diminish the at the alleged violator's last known address. The
person's rights, privileges and protection ac- citation filed with the court does not need to
corded by law. comply in all particulars with the requirements
for citations as provided by sections 8705 and
(d) Bureau limited to accepting admissions of 8709 of the revised judicature act of 1961 (MCL
responsibility. The scope of the bureau's authority 600.8705, 600.8709), but shall consist of a sworn
shall be limited to accepting admissions ofrespon- complaint containing the allegations stated in the
sibility for municipal civil infractions and collect- municipal ordinance violation notice and shall
ing and retaining civil fines and costs as a result fairly inform the alleged violator how to respond
of those admissions. The bureau shall not accept to the citation.
payment of a fine from any person who denies (Code 1975, § 25-5; Code 2002, § 2-203)
having committed the offense or who admits re- State law reference-Ordinance violation notice, MCL
sponsibility only with explanation, and in no 600.8707(6).
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 city officials
CD46:10
LAW ENFORCEMENT § 46-204
Sec. 46-204. 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 established by this article. The schedule shall be as
follows :
Section Subiect First Offense First Repeat* Second Repeat**
6-2 Animals $100.00 $200.00 $500.00
10-31 Construction codes 100.00 250.00 500.00
10-63, 10-102 Dangerous build- 100.00 250.00 500.00
ings
10-131 Demolition of build- 100.00 250.00 500.00
ings
10-22 Moving of buildings 100.00 250.00 500.00
10-282 Property 100.00 250.00 500.00
maintenance code
14-32 Cemeteries 100.00 250.00 500.00
22-35 Defective alarm 100.00 250.00 500.00
systems
26-32 Noise 100.00 250.00 500.00
26-213 Point-source 100.00 250.00 500.00
groundwater
discharges
30-194 Fire codes 100.00 250.00 500.00
30-222 Recreational fires 100.00 250.00 500.00
34-35 Smoking- 25.00 50.00 100.00
34-64 Water supplies 100.00 250.00 500.00
34-113 Medical marihuana 100.00 250.00 500.00
38-120 Historic districts 100.00 250.00 500.00
42-32 Fair housing- 200.00 300.00 500.00
50-2 Business license 100.00 250.00 500.00
50-72 Dances and dance 100.00 250.00 500.00
halls
50-203 Electronic filing 100.00 250.00 500.00
requirement-
pawn shops
54-4 Spitting in public 100.00 250.00 500.00
54-31 Theft of cable televi- 100.00 250.00 500.00
. .
s10n services
54-32 Damaging, remov- 100.00 250.00 500.00
ing or defacing
property
54-214 False impersonation 100.00 250.00 500.00
of police officer
54-241 Curfew for under- 50.00 100.00 200.00
age persons
54-283 Parental 100.00 250.00 500.00
responsibility
Supp. No. 3 CD46:11
§ 46-204 MUSKEGON CITY CODE
Section Subject First Offense First Repeat* Second Repeat**
30-308 Fireworks 100.00 250.00 500.00
58-1 Alcoholic liquors in 50.00 100.00 200.00
parks or
playgrounds
58-2 Obedience to signs 50.00 100.00 200.00
or instructions in
parks
58-3 Public boat launch 50.00 100.00 200.00
permit
58-34 Use of recreational 50.00 100.00 200.00
facilities
70-3 Solid waste 100.00 250.00 500.00
74-1 Streets, sidewalks 50.00 100.00 200.00
and public property
74-116 Street numbers for 25.00 50.00 100.00
buildings
78-34 Subdivisions 100.00 250.00 500.00
90-30 Metropolitan exten- 100.00 250.00 500.00
sion telecom-
munications rights-
of-way oversight
92-56 Junk vehicles 100.00 250.00 500.00
94-1 Utilities 100.00 250.00 500.00
98-1 Vegetation 25.00 50.00 100.00
98-38 Noxious weeds 100.00 250.00 500.00
Zoning 100.00 250.00 500.00
*First repeat means a repeat of the offense by the same person in concert within 24 months of the first offense.
**Second repeat means a repeat of the offense by the same person in concert within 24 months of the first repeat offense.
(b) A copy of the schedule, as amended from time to time by ordinance, shall be posted at the bureau.
(Ord. No. 2352, 3-22-2016)
Editor's note-Ord. No. 2352, adopted Mar. 22, 2016, repealed the former section and enacted a new section as set out
herein. The former section pertained to similar subject matter and derived from Code 1975, § 25-6; Code 2002, § 2-204; Ord. No.
1191, 6-8-1999; Ord. No. 1196, 8-10-1999; Ord. No. 2003, 9-14-1999; Ord. No. 2038, § 12-59, 12-12-2000; Ord. No. 2048, § 3,
8-14-2001; Ord. No. 2312, 5-14-2013.
Supp. No. 3 CD46:12
Sign up for City of Muskegon Emails