ORDINANCE #2-2015 Violation Bureau

ORDINANCE # 2-2015

AN ORDINANCE TO ESTABLISH

THE BARRYON ORDINANCE VIOLATION BUREAU

 Sec. 1 Bureau Established

A Bureau for the purpose of handling alleged ordinance violations within the village is hereby established. The Ordinance Violations Bureau shall be under the supervision and control of the Chief of Police.

Sec. 2 Location

The Chief of Police shall, subject to the approval of the Village Council, establish a convenient location for the Ordinance Violations Bureau, appoint qualified Village employees to administer the Bureau and adopt rules and regulations for the operation thereof.

Sec. 3 Disposition of Violations

No violation not scheduled in Sec. 6 shall be disposed of by the Ordinance Violations Bureau. The fact that a particular violation is scheduled shall not entitle the alleged violator to disposition of the violation at the Bureau and in any case the person in charge of such Bureau may refuse to dispose of such violation in which case any person having knowledge of the facts may make a sworn complaint before the court having jurisdiction of the offense as provided by law.

Sec. 4 Procedure

No violation may be settled at the Ordinance Violations Bureau except at the specific request of the alleged violator. No penalty for any violation shall be accepted from any person who denies having committed the offense and in no case shall the person who is in charge of the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to such alleged violation. No person shall be required to dispose of an ordinance violation at the Ordinance Violations Bureau and all persons shall be entitled to have any such violation processed before a court having jurisdiction thereof if they so desire. The unwillingness of any person to dispose of any violation at the Ordinance Violations Bureau shall not prejudice him or in any way diminish the rights, privileges and protection accorded to him by law.

Sec. 5 Violation Ticket

The issuance of a traffic ticket or notice of violation by a police officer or ordinance officer of the Village shall be deemed an allegation of an ordinance violation. Such traffic ticket or notice of violation shall indicate the length of time in which the person to whom the same was issued must respond before the Ordinance Violations Bureau. It shall also indicate the address of the Bureau, the hours during which the Bureau is open, the amount of the penalty scheduled for the offense for which the ticket was issued and advise that a civil infraction, which will be processed before a court having jurisdiction or warrant for the arrest of the person out of such court to whom the ticket was issued, will be sought if such a person fails to respond within the time limited.

Sec. 6 Schedule of Violations

Schedule of Violations:

Violations Penalty

 

VIOLATION # ORDINANCE FINE  or Penalty
B-1-4-2006(2,3,4,5,) Animal Ordinance $100
B-1-4-2006(6,7) Animal Ordinance $50
12-3-2005 A.T.V. and Snowmobile 1st Offense $50  $100 (2nd) $250 (3rd)
21-1981 Blight   up to $100  and /or no more than 90 days
12-2005 Curfew Ordinance $50  $100(2nd) $250(3rd)
16-1969 False Fire Alarm  up to $100  and /or no more than 90 days
15-2002 Fire Ordinance  up to $100  and /or no more than 90 days
13-1969 Following of Fire Trucks  up to $100  and /or no more than 90 days
1-2003 Garage/Yard/Rummage Sale Ord.  up to $100  and /or no more than 90 days
B-1-5-2006 General Offense  up to $500  and /or no more than 93 days
9-2004 Grass Ordinance $20  Plus cost of mowing
9-1969 Litter Ordinance  up to $100  and /or no more than 90 days
10-1969 Peddling without permit  up to $100  and /or no more than 90 days
2-1967 Pollution Ordinance  up to $100  and /or no more than 90 days
12-1-2005 Public Nuisance 1st Offense $50
12-1-2005 Public Nuisance 2nd Offense $100
12-1-2005 Public Nuisance 3rd Offense $250
12-1-2005(5) Public Nuisance (Sect 5) $250  and /or no more than 90 days
11-2003 Parking of Semi Tractors $100
2-2003 Retail merchandise on Sidewalk $100
18-2001 Proper Containers (Leaves)  up to $100  and /or no more than 90 days
12-1969 Driving on Curbs and Sidewalks  up to $100  and /or no more than 90 days
7-1968 State School Bus Ordinance  up to $100  and /or no more than 90 days
R-8-89 Amend. Solid Waste (6:00pm) $50
 R-8-89  Solid Waste Ordinance 1st Offense $100  and /or no more than 90 days
 R-8-89  Solid Waste Ordinance 2nd Offense $250  and /or no more than 90 days
  Speed
B.628 Speed 1-10 over County
B.628 Speed 10-15 over County
B.628 Speed 15+ over County
B.626b Careless Driving County
B.627 VBSL County
Overtaking
B.639 Improper-curve County
B.639 Improper-hill County
B.636 failed give way County
B.637 Improper-right County
Pedestrian
B.655 Walked in road-sidewalks $35
B.655 Walked in road-no sidewalks-traffic $35
Registration, Insurance and title
B.255 No Plate/failed to display/Expired $65
B.223 Unsigned or no registration cert. $35
B.233 Fail to transfer registration $65
B.225 Improper display of reg. plate $25
B.328 No proof of insurance $35
Right-of-way
B.650 FTY within intersection; left turn County
B.649 FTY unsigned intersection County
B.649 FTY signed intersection County
B.612 FTY to pedestrians County
Seat Belt
B.710d Child restraint violation $75
B.710e Fail to properly wear safety belt $75
B.710e Failed to wear safety belt: Ages 4-15 $75
Signaling
B.648 Failed to signal/improper signal County
Stop and Go
B.649(6) Disregard Stop sign County
B.614 Disregard flashing red signal County
B.682 Failed to stop for school bus County
B.652 Fail to stop leaving private drive County
B.611 Avoid traffic control device County
Turning
B.647 Improper right turn County
B.647 Improper left turn County
B.647 Improper turn from wrong lane County
Equipment
B.708 No mirror for obstructed view $45
B.710 Defective tires $45
B.693 No flag on projecting load $45
B.706 Improper or no horn $45
B.709 Obstruction to view (non-tint) $45
B.707 Noisy muffler and/or excessive smoke $45
B.708 Window tint $45
B.705 Defective or improper brakes $45
Lane Use/Wrong Way
B.634 Drove on wrong side, undivided highway County
Lights
B.700 Failed to dim headlights $45
B.684 Headlights (defective, improper or none) $45
B.686 Tail lights (defective, improper or none) $45
B.697 Turn Signal (defective, improper or none) $45
    B.686(2) Unlighted registration plate $45
B.696a More than 2 spot/driving lights $45
B.696b More than 2 fog lights $45
B.698 Too many cowl, running board COLORED $45

          B.239              Unsigned Title                                                    $50

B.310e          Grad. Level I & II Violation                                      $60

If a violation remains unpaid 30 days after it is due, the Village, in addition to any remedies allowed in this ordinance or by state law, at its option, may elect to proceed as follows:

Perfect the lien and/or proceed with the intent to perfect the lien under the provisions of Section 21, Act 94, Public Acts of Michigan, 1933, as amended, since the charges for services are made a lien on all premises served thereby, and are hereby recognized to constitute such lien; and whenever any such charge against any piece of property, or property owner shall be delinquent for three (3) months or more, on May 1st, the Village official or officials in charge of the collection thereof shall certify annually, on June 1st of each year to the Mecosta County Equalization Department the facts of such delinquency whereupon such charges shall be by him/her entered upon the next tax roll as a charge against such premises, or premises owner and shall be collected and the lien thereof enforced in the same manner as general Village taxes against such premises are collected and the lien thereof enforced.

Severability

The provisions of the 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.

Sec. 7 Notice to be Published

 

The Village clerk shall publish this ordinance in the manner required by law.

THIS ORDINANCE SHALL TAKE EFECT THIRTY (30) DAYS AFTER PUBLICATION. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the April 8, 2015 council meeting and cause the same to be published as required by law.

Yeas     5       Nays     0     Ordinance declared: Adopted.

Published: April 17, 2015     Effective Date: May 8, 2015

 

 

_____Jennifer Trelfa__________

Village Clerk

 

____Deb Buehner____________

Village President