Category: Ordinances

VILLAGE CLERK – TREASURER APPOINTMENT ORDINANCE Ordinance No. 1 of 2017

On October 18, 2017 at the Regular Village Council Meeting:

Appointment of elected positions, clerk & treasurer – Clerk McPherson reviewed ordinance to council. Motion to adopt ordinance to change clerk & treasurer positions from elected to appointed by Schroeder, seconded by McPherson. Motion carried.

Aye: Bass, Evans, McPherson, Ronning, Schroeder, Bair

Nay: none

Absent: Johnson

The Village supplied a copy of the Approved October Minutes to Bear Lake News on November 16, 2017. They have not, to date, published them on the Village Website.

The following was published in the Manistee News Advocate on October 27:

NOTICE OF ADOPTION OF VILLAGE CLERK –
TREASURER APPOINTMENT ORDINANCE 
Ordinance No. 1 of 2017 
and the RIGHT OF REFERENDUM RELATING THERETO 
PLEASE TAKE NOTICE that pursuant to MCL 62.1 (3) the Bear Lake Village Council, at its regular meeting on October .ta , 2017, enacted Ordinance No. 1 of 2017, which provides for the appointment of the Village Clerk and Village Treasurer. 
RIGHT OF REFERENDUM. 
The Ordinance shall become effect­ive 45 days after its enactment without a vote of the electors, un­less a petition signed by not less than ten (10%) percent of the re­gistered electors of the Village is filed with the Village Clerk within 45 days after the date the Ordin­ance was enacted. If such a peti­tion is filed, the Ordinance shall not become effective unless ap­proved by a majority of the quali­fied electors of the Village at an election held on the question. 
This notice is given pursuant to the requirements of MCL 62.1 (4). Cindi McPherson, Clerk Village of Bear take 
VILLAGE OF BEAR LAKE 
Ordinance No.1 of 2017 
AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT OF THE VILLAGE CLERK AND VILLAGE TREASURER. THE VILLAGE OF BEAR LAKE ORDAINS: 
Section 1. Establishment of Offices. 
As authorized by MCL 62.1 (3), the village clerk and village treasurer shall be chosen by nomination of the village presid­ent and appointment by a major­ity of the village council.
Section 2. Term of Offices. 
The term of office of the village clerk and village treasurer shall be two years, beginning on November 20 of each even ­numbered year and until a suc­cessor is appointed. The per­sons first appointed as village clerk and village treasurer under this ordinance shall have an ini­tial term of office commencing on November 20, 2018, or when the office becomes vacant, whichever occurs first. The per­sons appointed village clerk and village treasurer shall take and subscribe the oath of office and shall file it with the village clerk prior to taking office, together with the filing of any bond re­quired by law.
Section 3. Effective Date. 
This ordinance shall take effect 45 days after the date of its ad­option, unless a petition signed by not less than ten percent (10%) of the registered electors of the village is filed with the vil­lage clerk within such 45-day period, in which case this ordin­ance takes effect upon approval at an election held on the ques­tion of whether this ordinance should be approved. Notice of the delayed effect of this ordin­ance and the right of petition un­der this section shall be pub­lished separately at the same time and in the same manner as this ordinance is published in a local newspaper of general circu­lation. 
Section 4. Adoption. 
This ordinance shall be adopted by an affirmative vote of at least two-thirds (2/3) of the members of the village council. 
Section 5. Severability. 
If any section, provision or clause of this ordinance or the application thereof to any per­son or circumstance shall be in­valid, such invalidity shall not ef­fect any remaining portion or ap­plication of this ordinance which can be given effect without the invalid portion or application. 
Section 5. Publication. 
The village clerk shall certify to the adoption of this ordinance and cause the same to be pub­lished as required by law. Ordinance No.1 was adopted on the 18th day of October, 2017, by the Bear Lake Village Council as follows: 
Motion by: Schroeder Seconded by: McPherson Yeas: Bass, Evans, McPherson, Ronning, Schroeder, Bair Nays: None 
Absent: Johnson 
Cindi McPherson, Clerk 
Jeff Bair, President 
I certify that this is a true copy of Ordinance No. 1 that was adop­ted at a regular meeting of the Bear Lake Village Council on Oc­tober 18th , 2017 and published 
in the Manistee News Advocate on October 27, 2017. 
Dated: 18 October 2017 Cindi McPherson, Clerk October 27, 2017 
****************
Pros
The rationale for proposing this change in Village Government is that someone elected to these positions may not have the necessary administration or financial management skills. In addition, as the electorate could choose a different candidate every two years this could result in disjointed institutional records.
Today, exercising the provisions as published, a Petition to hold a Referendum Vote of the registered voters of the Village of Bear Lake, signed by 48 individuals, on this matter was submitted to the Village Clerk.
Cons
  1. Village tax payers should have a chance to vote on a decision that takes away their right to vote to Elect or Recall these two positions.
  2. As the notice of the Ordinance, passed October 18, 2017 was only published once in the News Advocate and is nowhere on the Village web site, Village tax payers have a right to adequate time to consider this change.
  3. These 2 positions account for over 1/3 of all collected property taxes. 
  4. Under this Ordinance neither appointees would be required to be village residents. 
  5. If there is concern that an elected Clerk or Treasurer, (neither are voting positions), may not possess sufficient skills to perform the duties – the same standard is not applied to elected Village Council positions that do have voting/decision making privileges.
  6. An appointed Clerk and Treasurer would serve at the pleasure of the Council, opening the appearance of political/personal favor or leaving the appointee open to political/personal interference. 
  7. Yet to be resolved are multiple employment and human resources questions. Would they be employees or contractors? 
  8. Will these be ‘at will’ positions? Meaning that they could be dismissed without cause.
  9. As the Ordinance states these will be two year appointed positions, a new person could be appointed every two years – invalidating the rationale of the desire for continuity.
  10. Will changing the position affect withholding and benefits.
  11. Before such a change is enacted, a comprehensive Job Description, hours of performance, manner of posting and interviewing candidates, insurance and Bonding costs should be presented.

What happens next

All signatures must be verified as qualified registered voters. The Petition must be accepted as meeting the 10% required threshold.

At that point a Special Election can be called but would be at the Village expense. The next scheduled Election Date is May 8, 2018

By 4:00 p.m., Feb. 13, 2018: Ballot wording of county and local proposals must be presented at the election certified to county and local clerks; local clerks receiving ballot wording forward to county clerk within two days. (168.646a)

Regulating Medical Marijuana Facilities: A Workshop for Local Government

Michigan State University Extension and the Land Policy Institute recently collaborated to deliver training to more than 800 people on the Medical Marihuana Facilities Licensing Act passed in 2016. The training targeted local units of government to explain their options under the new laws.
In addition to conducting a webinar training, the “Regulating Medical Marijuana Facilities: A Workshop for Local Government” was conducted at various locations around the state during February and March 2017.
An MSU Extension web page is now available that houses useful information related to the Licensing Act, including resources from the training, such as impacts and effects, sample ordinances, fact sheets, Q&A’s and more. Learn more at: Medical Marihuana Facilities Licensing Act.
Photo courtesy of MSU Extension.

Village of Bear Lake Planning Commission Ordinance

If you are a qualified elector of the Village of Bear Lake and feel you are qualified to be considered as a member of this new body – contact the Village Clerk at bearlakeclerk@gmail.com

It should be noted that the following Ordinance was supplied undated or signed. The Minutes reflect it was passed on November 16. Therefore it should have been published in a local newspaper by yesterday, December 1.

For reference see:

ORDINANCE NO. 2016-4

VILLAGE OF BEAR LAKE

PLANNING COMMISSION ORDINANCE

An ordinance to establish the VILLAGE OF BEAR LAKE PLANNING COMMISSION; provide for the composition of that Planning Commission; provide for the powers, duties and limitations of that Planning Commission; and repeal any ordinance or parts of ordinances or resolutions in conflict with this ordinance.

THE VILLAGE OF BEAR LAKE, MANISTEE COUNTY, MICHIGAN, ORDAINS:

Section 1: Scope, Purpose and Intent

This ordinance is adopted pursuant to the authority granted to the Village of Bear Lake under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., and the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101, et seq., to establish a Planning Commission with the powers, duties and limitations provided by those Acts and subject to the terms and conditions of this ordinance and any future amendments to this ordinance.

The purpose of this ordinance is to provide that the Village of Bear Lake shall hereby establish the Village of Bear Lake Planning Commission; to establish the appointments, terms, and membership of the Planning Commission; to identify the officers and the minimum number of meetings per year of the Planning Commission; and to prescribe the authority, powers and duties of the Planning Commission.

Section 2: Establishment

The Village of Bear Lake hereby creates a Village Planning Commission consisting of five (5) members. The Planning Commission is formed under the authority of and subject to the powers, duties and limitations provided in the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., and further subject to the terms and conditions of this ordinance and any future amendments to this ordinance.

Section 3: Appointments and Terms

The Village President, with the approval of the Village Council by a majority vote of the members elected and serving, shall appoint all Planning Commission members, including the ex officio members.

When the Planning Commission is first established, the members appointed, other than the ex officio member, shall be appointed to 1-year, 2-year or 3-year terms such that, as nearly as possible, the terms of one-third of all the Planning Commission members will expire each year. After that, all Planning Commission members, other than the ex officio member, shall serve for terms of three (3) years each.

A Planning Commission member shall hold office until his or her successor is appointed.

Vacancies shall be filled for the unexpired term in the same manner as the original appointment.

Planning Commission members shall be qualified electors of the Village, except that one Planning Commission member may be an individual who is not a qualified elector of the village. The membership of the Planning Commission shall be representative of important segments of the community, such as the economic, governmental, educational, and social development of the Village, in accordance with the major interests as they exist in the Village, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry, and commerce. The membership shall also be representative of the entire geography of the Village to the extent practicable.

One (1) member of the Village Council shall be appointed to the Planning Commission as an ex officio member. An ex officio member has full voting rights. The ex officio member’s term on the Planning Commission shall expire with his or her term on the Village Board.

No other elected officer or employee of the Village is eligible to be a member of the Planning Commission.

Section 4: Removal

The Village Council may remove a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing.

Failure to disclose a potential conflict of interest shall be considered malfeasance in office.

Failure to regularly attend Commission meetings shall be considered nonfeasance in office.

Section 5: Conflict of Interest

Before casting a vote on a matter on which a Planning Commission member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Planning Commission. Failure of a member to disclose a potential conflict of interest as required by this ordinance constitutes malfeasance in office. Upon notification of a conflict of interest, the Planning Commission member will abstain from discussing or voting on the matter before the Planning Commission.

Section 6: Compensation

The Planning Commission members may be compensated for their services as provided by village council resolution. The Village Council may adopt bylaws relative to the compensation and expenses of the Planning Commission for travel when engaged in the performance of activities authorized by the village council, including, but not limited to, attendance at conferences, workshops, educational and training programs and meetings.

Section 7: Training

Appointed members of the Planning Commission shall attend educational programs designed for training members of Michigan planning commissions if the adopted Village of Bear Lake budget for that fiscal year include funds to pay for tuition, registration and travel expenses for the training. Nothing in this paragraph shall deem a member who has not had training from finishing his/her term of office unless the member resigns or is removed by action of the Village of Bear Lake Board of Trustees.

Section 8: Officers and Committees

The Planning Commission shall elect a chairperson and a secretary from its members, and may create and fill other offices as it considers advisable. An ex officio member of the Planning Commission is not eligible to serve as chairperson. The term of each office shall be one (1) year, with opportunity for reelection as specified in the Planning Commission bylaws.

The Planning Commission may also appoint advisory committees whose members are not members of the Planning Commission.

Section 9: Bylaws, Meetings and Records

The Planning Commission shall adopt bylaws for the transaction of business.

The Planning Commission shall hold at least four (4) regular meetings each year, and shall by resolution determine the time and place of the meetings.

Unless otherwise provided in the Planning Commission’s bylaws, a special meeting of the Planning Commission may be called by the chairperson or by two (2) other members, upon written request to the secretary. Unless the bylaws otherwise provide, the secretary shall send written notice of a special meeting to Planning Commission members at least 48 hours before the meeting.

The business that the Planning Commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976, MCL15.261, et seq.

The Planning Commission shall keep a public record of its resolutions, transactions, findings, and determinations. A writing prepared, owned, used, in the possession of, or retained by a Planning Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976, MCL 15.231, et seq.

Section 10: Annual Report

The Planning Commission shall make an annual written report to the village council concerning its operations and the status of the planning activities, including recommendations regarding actions by the Village Board related to planning and development.

Section 11: Authority to Make Master Plan

Under the authority of the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL.125.3801, et seq., and other applicable planning statutes, the Planning Commission shall make a master plan as a guide for development within the Village’s planning jurisdiction.

Final authority to approve a master plan or any amendments thereto shall rest with the Planning Commission unless the Village Council passes a resolution asserting the right to approve or reject the master plan.

Section 12: Zoning Powers

All powers, duties, and responsibilities provided by the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended, MCL 125.3101, et seq., or other applicable zoning statutes, to zoning boards or zoning commissions are hereby designated to the Planning Commission as of the effective date of this ordinance.

Section 13: Subdivision and Land Division Recommendations

The Planning Commission may recommend to the Village Council provisions of an ordinance or rules governing the subdivision of land. Before recommending such an ordinance or rule, the Planning Commission shall hold a public hearing on the proposed ordinance or rule. The Planning Commission shall give notice of the time and place of the public hearing not less than 15 days before the hearing by publication in a newspaper of general circulation within the Village.

The Planning Commission shall review and make recommendation on a proposed plat before action thereby the Village Council under the Land Division Act, Public Act 288 of 1967, MCL 560.101, et seq. Before making its recommendation, the Planning Commission shall hold a public hearing on the proposed plat. A plat submitted to the Planning Commission shall contain the name and address of the proprietor or other person to whom notice of a hearing shall be sent. Not less than 15 days before the date of the hearing, notice of the date, time and place of the hearing shall be sent to that person at that address by mail and shall be published in a newspaper of general circulation in the Village. Similar notice shall be mailed to the owners of land immediately adjoining the proposed platted land.

Section 14: Severability

The provisions of this ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a court of competent jurisdiction, it shall not affect the remainder of the ordinance, which shall continue in full force and effect.

Section 15: Repeal

All ordinances or parts or ordinances in conflict with this are hereby repealed. To the extent that Ordinance 2006.01 was enacted, the same is hereby repealed.

Section 16: Approval, Ratification and Recommendation.

All official action taken by the Village of Bear Lake Council or any prior Planning Commission preceding the Planning Commission created by this ordinance are hereby approved, ratified and reconfirmed. Any project, review, or process taking place at the effective date of this ordinance shall continue with the Commission created by this ordinance, subject to the requirements of this ordinance, and shall be a continuation of any previous Village of Bear Lake Planning Commission. This ordinance shall be in full force and effect from and after its adoption and publication.

Section 17: Publication

This ordinance shall be published within fifteen (15) days after its passage and shall become effective twenty (20) days from the date of its passage.

CERTIFICATE

The undersigned, as the duly elected and acting Clerk of the Village, hereby certifies that

this ordinance was duly adopted by the Village Board at a regular meeting of said Board,

at which a quorum was present, held on ____________________, and that copies of the

ordinance were transmitted and published as directed.

_____________________________________

Jeff Bair, Village President

_____________________________________

Cindi McPherson, Village Clerk

Village of Bear Lake PROHIBITION OF USE OF GROUNDWATER Ordinance

PROHIBITION OF USE OF GROUNDWATER The Village of Bear Lake ORDAINS the adoption of Ordinance #2015-2 entitled “Prohibition of Use of Groundwater”.

(a) Purpose.

The Village of Bear Lake Village Council finds that the use of wells for water for human consumption and the use of wells that may influence the movement of contaminated groundwater constitute a potential public health risk. This section is intended to protect the public health, safety, and welfare.

(b) Definitions. For purposes of this section, the following definitions shall apply:
(1) “Contaminated groundwater” means groundwater in which there is present concentrations of materials that exceed the residential drinking water criteria established by the DEQ by rule or operational memoranda pursuant to Part 201 of Michigan’s Natural Resources and Environmental Protection Act, 1994 P.A. 451, as amended.
(2) “DWRPD” means the Drinking Water and Radiologic Protection Division of the DEQ, or its successor agency.
(3) “Groundwater” means underground water within the zone of saturation.
(4) “DEQ” means the Michigan Department of Environmental Quality, or its successor agency.
(5) “Well” means an opening in the surface of the earth for the purpose of removing water through non-mechanical or mechanical means for any purpose.
(6) A reference to any Village official shall be deemed a reference to the individual duly appointed to such position and that individual’s designee.

(c) Prohibition.
Except as provided in subsection (d), no person shall install or utilize, or allow, permit, or provide for the installation or utilization of a well within the Village limits.

(d) Exceptions. A person may install or utilize, or allow, permit, or provide for the installation or utilization of, a well within the Village if any of the following exceptions applies and the requirements of the exception are complied with:
(1) This ordinance does not apply to wells established or to be established by or on behalf of the Village of Bear Lake. Any future wells to be established by the Village of Bear Lake must be done only after a public meeting and a majority vote of the Council of the Village of Bear Lake.
(2) Water service unavailable. If Village water service is unavailable to a premises in the Village, any well on that premises shall be tested annually by a laboratory that is acceptable to and for chemical parameters specified by the DWRPD. The results of that test shall be promptly submitted to the County Health Department for review. If the County Health Department determines that the well is safe and suitable for use, and proof of that determination is delivered annually to the Village, that well may be used. No split or conveyance of property shall be effective to render Village water service unavailable.
(3) Groundwater monitoring. A well may be used for groundwater monitoring and/or remediation as part of response activity approved by the DEQ.
(4) Construction de-watering. A well may be used for construction de-watering, if the following conditions are satisfied:
a.The use of the de-watering well will not result in unacceptable exposure to contaminated groundwater, possible cross-contamination between saturated zones, or hydro geological effects on contaminated groundwater plumes, and
b. The water generated by that activity is properly handled and disposed of in compliance with all applicable laws, rules, regulations, permit and license requirements, and orders and directives of any governmental entity or agency of competent jurisdiction. Any exacerbation caused by the use of the well under this exception shall be the responsibility of the person operating the de-watering well, as provided in Part 201 of the Natural Resources and Environmental Protection Act, being MCL 324.20101 to 324.20142.

(4) Processing activities. If the DEQ determines that the use of a well for non-contact heating, cooling or processing activities will not cause the future migration of contaminated groundwater, and proof of that determination is delivered to the Village, the Village manager may execute a waiver allowing the use of the well for the permitted purposes upon such terms and conditions that the DEQ identifies.

(5) Public emergencies. A well may be used in the event of a public emergency.

(e) Sources of water supplied for human consumption. Except as provided in subsection (d), water supply for human consumption in the Village shall be delivered only from the Village water system or by the use of bottled water delivered or purchased in containers under conditions approved by the DWRPD or other appropriate agency. For the purposes of this subsection, the term “human consumption” means use in food or drink intended for human ingestion, use in food preparation or food service, use in the interior of a dwelling or dwelling unit for household purposes, and use in any building for personal washing or irrigation.

(f) Wells affecting contaminated groundwater. No well may be used or installed at any place in the Village if the use of the well will have the effect of causing the migration of contaminated groundwater or a contaminated groundwater plume to previously unimpacted groundwater, or adversely impacting any groundwater treatment system, unless the well is part of an DEQ or United States Environmental Protection Agency approved groundwater monitoring or remediation system.

(g) Non-conforming wells. Any existing well, the use of which is prohibited by subsection (b), shall be allowed to continue to operate subject to the following conditions:
(1) Until such time as there is a known adverse impact on ground water movement;
(2) The water from the well is determined to be contaminated and/or not fit for human consumption. The homeowner/property owner shall be responsible for having their well and the water inspected yearly, commencing one (1) year from the passage of this Ordinance. All inspections shall be filed with the Clerk for the Village of Bear Lake.
(3) The well is abandoned and/or unused for a period of twelve (12) months or longer; and
(4) The well requires any improvements in the aggregate over an amount of Five Hundred and no/100 ($500.00) Dollars in any six (6) month period of time. A permit to continue operating the well shall be required by the Village of Bear Lake. Any non-confirming well may not be enlarged or expanded. Any non-conforming wells failing to meet the exceptions listed herein shall be plugged or abandoned in conformance with all applicable laws, rules, regulations, permit and license requirements, and orders and directives of any governmental entity or agency of competent jurisdiction, or, in the absence of an applicable law, rule, regulation, requirement, order, or directive, in conformance with the protocol developed consistent with the American Standards for Testing and Materials standard #D5299-92.

(h) Enforcement. The Village shall be responsible for the enforcement of this section.
(i) Penalty, permit denial, remedies.
(1) Misdemeanor. Any violation of this section shall be a misdemeanor punishable by a fine not to exceed $500.00 and costs of prosecution or by imprisonment in the county jail for not to exceed 90 days, or by both such fine and imprisonment in the discretion of the court. Each act of violation and each day upon which such violation shall occur or shall continue shall constitute a separate offense.
(2) Building or improvement permit. No permit for building, alteration, or other required permit for a premises or improvement thereon shall be issued by the Village for any premises found in violation of this section, or where it is proposed to install or use a well in violation of this section.
(3) Injunctive relief. The Village may further enforce this section by action seeking injunctive relief. Any well in violation of this section shall be deemed a nuisance subject to abatement.

(j) Miscellaneous.
(1) Severability. If any subsection, sentence, clause, phrase, or portion of this section is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this section. The Village shall promptly notify the DEQ upon the occurrence of any event described in this paragraph. Secs. ____________. – Reserved.

Village of Bear Lake Civil Infraction Ordinance

VILLAGE OF BEAR LAKE Ordinance No. 4 of 2015 Village of Bear Lake Municipal Civil Infraction Actions and Citations, Municipal Ordinance Violations Bureau

A) Definitions. As used in this section:

1) “Act” means Act 236 of the Public Acts of 1961, as amended
2) “Authorized village official” means a police officer or other personnel of the village authorized by these codified ordinances or any ordinance to issue municipal civil infraction citations or municipal ordinance violation notices.
3) “Bureau” means the village Municipal Ordinance Violations Bureau, as established by this chapter.
4) “Municipal civil infraction action” means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
5) “Municipal civil infraction citation” or “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.
6) “Municipal ordinance violation notice” or “violation notice” means a written notice, other than a citation, prepared by an authorized village official, directing a person to appear at the village 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 Section 8396 and 8707(6) of the Act.

B) Commencement of Municipal Civil Infraction Actions. A municipal civil infraction action may be commenced upon the issuance by an authorized village official of:
1) A municipal civil infraction citation directing the alleged violator to appear in court; or
2) A municipal ordinance violation notice directing the alleged violator to appear at the village Municipal Ordinance Violations Bureau.

C) Issuance and Service of Municipal Civil Infraction Citations. Municipal civil infraction citations shall be issued and served by authorized village officials as follows:
1) The time for appearance specified in a citation shall be within a reasonable time after the citation is issued.
2) The place for appearance specified in a citation shall be the district court.
3) 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.
4) A citation for a municipal civil infraction, signed by an authorized village official shall be treated as if it were 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.”
5) 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.
6) An authorized village official may issue a citation to a person if:
a) Based upon the investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction;
b) 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 such an infraction and if the prosecuting attorney or village attorney approved in writing the issuance of the citation.
7) Municipal civil infraction citations shall be served by an authorized village official as follows: a) Except as provided by paragraph “C) 7) b)”, hereof, an authorized village official shall personally serve a copy of the citation upon the alleged violator.
b) 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 copy on the land or attaching the copy to the building or structure. In addition, a copy of the citation shall be sent by certified mail, return receipt, to the owner of the land, building or structure at the owner’s last known address.

D) Contents of Municipal Civil Infraction Citations.
1) 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.
2) Further, the citation shall inform the alleged violator that he or she may do one of the following:
a) Admit responsibility for the municipal civil infraction by mail, in person or by representation, at or by the time specified for appearance.
b) Admit responsibility for the municipal civil infraction “with explanation” by mail, by the time specified for appearance, or in person or by representation.
c) Deny responsibility for the municipal civil infraction by doing either of the following:
(1) Appearing in person for an 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.
(2) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
(3) The citation shall also inform the alleged violator of all of the following:
a) 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.
b) 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.
c) That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the village.
d) 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.

4) That at a formal hearing the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.

5) The citation shall contain a notice in boldfaced 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.

E) Municipal Ordinance Violations Bureau.

1) Establishment. The village establishes a Municipal Ordinance Violations Bureau, as authorized under Section 8396 of the Act, to accept admissions of responsibility for municipal civil infractions in response to municipal ordinance violation notices issued and served by authorized village officials, and to collect and retain civil fines and costs as prescribed by these codified ordinances or any ordinance.
2) Location; supervision, rules and regulations; employees. The Bureau shall be located at village hall and shall be under the supervision and control of the treasurer. The treasurer, subject to the approval of the council, shall adopt rules and regulations for the operation of the Bureau and appoint any necessary qualified employees to administer the Bureau.
3) 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 ordinance violation notice 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 section shall prevent or restrict the village from issuing a municipal civil infraction citation for any violation or from 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.
4) Scope of authority. The scope of the Bureau’s authority shall be limited to accepting admissions of responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of those admissions. The Bureau shall not accept payment of a fine from any person 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 matter relating to an alleged violation.

F) Issuance and Service of Municipal Ordinance Violation Notices.
1) Contents. Municipal ordinance violation notices shall be issued and served by authorized village officials under the same circumstances and upon the same persons as are provided for municipal civil infraction citations in paragraph “C) 7)” hereof. In addition to any other information required by these codified ordinances or any other ordinance, the violation notice shall indicate the time 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.
2) Appearance; payment of fines and costs. An alleged violator receiving a municipal ordinance 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 ordinance violation notice. An appearance may be made by mail, in person or by representation.
3) Procedure where admission of responsibility is not made or fine is not 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 cost, 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 certified mail, return receipt, 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.

G) Civil Penalties

1) A schedule of civil fines payable to the Municipal Ordinance Violations Bureau for admissions of responsibility by persons served with municipal ordinance violation notices is hereby established. The fines for municipal civil infractions shall be as stated in the various Ordinances. 2) A copy of the schedule, as amended from time to time, shall be posted at the Municipal Ordinance Violations Bureau.
3) A separate offense shall be deemed committed each day or on which a violation or noncompliance occurs or continues, unless otherwise provided.

H) Effective Date and Adoption This ordinance shall become effective after its publication as required by law.