PART II CODE OF ORDINANCES

Chapter 1 GENERAL PROVISIONS

Sec. 1-1. Designation and citation of Code.

Sec. 1-2. Definitions and rules of construction.

Sec. 1-3. Interpretation per state acts.

Sec. 1-4. Application to territorial boundaries.

Sec. 1-5. Effect of repeal of ordinance.

Sec. 1-6. Altering Code.

Sec. 1-7. Effect of amendments to Code.

Sec. 1-8. Manner of amending Code.

Sec. 1-9. Language of amendments.

Sec. 1-10. Addition of new material.

Sec. 1-11. Repeals.

Sec. 1-12. Aiding and abetting violations.

Sec. 1-13. Publication of rules and regulations.

Sec. 1-14. Captions.

Sec. 1-15. References and notes.

Sec. 1-16. Application to future legislation.

Sec. 1-17. Rules of severability.

Sec. 1-18. Reference to other sections.

Sec. 1-19. Reference to offices.

Sec. 1-20. Certain provisions saved from repeal.

Sec. 1-21. Supplementation of Code.

Sec. 1-22. Enforcement official or agent.

Sec. 1-23. Conflicting regulations.

Sec. 1-24. Notice.

Sec. 1-25. General penalty.

Sec. 1-1. Designation and citation of Code.

This codification of ordinances shall be known and cited as the "Code of Ordinances, City of Albion, Michigan."

(Code 1984, § 1-1)

Charter reference(s)--City legislation, ch. 6.

State law reference(s)--Codification authority, MCL 117.5b, MSA 5.2084(2).

Sec. 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless they are inconsistent with the intent of the council or the context clearly requires otherwise:

Bond. The term "bond" means evidence of indebtedness.

Business day. The term "business day" shall mean any day except a Saturday, Sunday or holiday observed by the city.

Calendar day. The term "calendar day" means the 24-hour period during which the earth completes one rotation on its axis from 12:00 midnight to 12:00 midnight.

Charter. The term "Charter" shall mean the Charter of the City of Albion, Michigan, adopted August 2, 1960, and shall include any amendment to such Charter.

City. The term "city" shall denote the City of Albion, Michigan.

Code. The term "the Code" or "this Code" shall mean the Code of Ordinances, City of Albion, Michigan, as designated in section 1-1 and as modified by amendment, revision and by the adoption of new chapters, articles, divisions or sections.

Computation of time. The time within which an act is to be done, as provided in this Code or in any order issued pursuant to this Code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is Sunday or a legal holiday, it shall be excluded; when the time is expressed in hours, the whole of Sunday or a legal holiday, from 12:00 midnight to 12:00 midnight, shall be excluded.

State law reference(s)--Similar provisions, MCL 8.6, MSA 2.217.

Council. The term "council" shall mean the council of the City of Albion.

County. The term "the county" or "this county" shall mean the County of Calhoun in the State of Michigan.

Day. The term "day," unless otherwise specified, shall be construed to be a "calendar day."

Delegation of authority. Whenever a provision appears requiring an officer or head of a department of the city to do some act or make certain inspections, it is to be construed to authorize the officer or head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.

Gender. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.

State law reference(s)--Similar provisions, MCL 8.3b, MSA 2.212(2).

General terms. A general term following a specific enumeration of terms is not to be limited to the class enumerated, unless expressly so limited.

Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than the general provisions imposed by this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Joint authority. All words purporting to give joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise expressly declared in the ordinance granting the authority.

State law reference(s)--Similar provisions, MCL 8.3c, MSA 2.212(3).

MCL, MSA. The abbreviations "MCL" and "MSA" refer to the Michigan Compiled Laws and Michigan Statutes Annotated, respectively, as amended.

Month. The term "month" shall mean a calendar month.

State law reference(s)--Similar provisions, MCL 8.3j, MSA 2.212(10).

Number. Words in the singular shall include the plural, and words in the plural shall include the singular.

Oath. The term "oath" includes affirmation.

State law reference(s)--Similar provisions, MCL 8.3k, MSA 2.212(11).

Officer, employee, department, board, commission or other agency. Whenever any officer, employee, department, board, commission or other agency is referred to by title only, such reference shall be construed as if followed by the phrase "of the City of Albion, Michigan." Whenever, by the provisions of this Code, any officer, employee, department, board, commission or other agency of the city is assigned any duty or empowered to perform any act or duty, reference to such officer, employee, department, board, commission or other agency shall mean and include such officer, employee, department, board, commission or other agency or any deputy or authorized subordinate.

Or, and. The word "or" shall mean the disjunctive, and the word "and" shall mean the conjunctive.

Owner. The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or of part of such building or land.

Person. The term "person" and its derivatives and the term "whoever" shall include a natural person, partnership, association, legal entity or a corporate body or any body of persons corporate or incorporate. Whenever used in any clause prescribing and imposing a penalty, the term "person" or "whoever," as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.

Personal property. The term "personal property" shall include money, goods, chattels, and/or things in action and/or evidence of debt.

Preceding, following. The terms "preceding" and "following" shall mean next before and next after, respectively.

State law reference(s)--Similar provisions, MCL 8.3m, MSA 2.212(13).

Property. The term "property" shall include both real, personal and/or intellectual property.

Public place. The term "public place" shall mean any public way, park, cemetery, schoolyard or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general, open to public view or to which the public has access.

Real estate and real property. The terms "real estate" and "real property" shall include lands, tenements and hereditaments and all rights thereto and interests therein, equitable as well as legal.

Shall; may. Whenever the term "shall" appears in this Code, it shall be considered mandatory. The term "may" shall be considered permissive.

Sidewalk. The term "sidewalk" shall mean any paved portion of a street between the curblines or lateral lines of a roadway and the adjacent property line, intended for the use of pedestrians.

Signature or subscription. The term "signature" or "subscription" includes a mark, the name being written near the mark and witnessed.

State. The term "the state" or "this state" shall be construed to mean the State of Michigan.

Street. The term "street" shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the city.

Surety bond. The term "surety bond" means a written undertaking to guarantee performance of another.

Tenant and occupant. The terms "tenant" and "occupant," applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

Tense. Words used in the present or past tense include the future as well as the present and past.

Writing. The terms "writing" and "written" include printing, typesetting, engraving, facsimile transmission, lithography or any other hard copy representing words and letters, unless otherwise restricted. This definition excludes electronic mail.

State law reference(s)--Similar provisions, MCL 8.3q, MSA 2.212(17).

Year. The term "year" shall mean a calendar year, unless otherwise expressed.

State law reference(s)--Similar provisions, MCL 8.3j, MSA 2.212(10).

(Code 1984, § 1-2)

State law reference(s)--Rules of construction, MCL 8.3 et seq., MSA 2.212 et seq.

Sec. 1-3. Interpretation per state acts.

Unless otherwise provided in this Code or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this Code as those governing the interpretation of the Public Acts of Michigan.

Sec. 1-4. Application to territorial boundaries.

All provisions of this Code are limited in application to the territorial boundaries of the municipal corporation and any territory over which the municipal corporation shall have legal jurisdiction.

(Code 1984, § 1-8)

Sec. 1-5. Effect of repeal of ordinance.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, or any suit, prosecution or proceeding pending at the time of the repeal for an offense committed under the ordinance repealed.

(Code 1984, § 1-7)

Sec. 1-6. Altering Code.

It shall be unlawful for any person in the city to change or amend, by additions or deletions, any part or portion of this Code or to insert or delete pages or portions thereof or to alter or tamper with such Code in any manner whatsoever, except by ordinance or resolution or other official act of the council, which will cause the law of the city to be misrepresented thereby. Any person violating this section, upon conviction, shall be punished as provided in section 1-25.

Sec. 1-7. Effect of amendments to Code.

Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the city council to make the addition or amendment a part of this Code, shall be deemed to be incorporated in this Code so that reference to the "Code of Ordinances, City of Albion, Michigan," shall be understood and intended to include such additions and amendments.

Sec. 1-8. Manner of amending Code.

All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby, and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the city council.

Sec. 1-9. Language of amendments.

Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in substantially the following language: "That section ________ of the Code of Ordinances, City of Albion, Michigan, is hereby amended to read as follows: (set out new provisions in full). . . . "

Sec. 1-10. Addition of new material.

(a) If a new section not existing in this Code is to be added, the following language may be used: "That the Code of Ordinances, City of Albion, Michigan, is hereby amended by adding a section (or article, chapter or other designation as the case may be), to be numbered ________, which reads as follows: (set out new provisions in full). . . . "

(b) In lieu of subsection (a) of this section, when the city council desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in the Code, which the council desires to incorporate into the Code, a provision in substantially the following language may be made part of such ordinance: "It is the intention of the city council, and it is hereby ordained, that the provisions of this ordinance shall become and be made part of the Code of Ordinances, City of Albion, Michigan, and the sections of this ordinance may be renumbered to accomplish such intention."

Sec. 1-11. Repeals.

All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter or other number, as the case may be.

Sec. 1-12. Aiding and abetting violations.

Whenever any act or omission to act is a violation of this Code or of any rule or regulation adopted thereunder, any person who causes, secures, aids or abets such violation may be prosecuted, and any conviction thereof shall be punished as if he had directly committed such violation.

(Code 1984, § 1-10)

Sec. 1-13. Publication of rules and regulations.

All rules and regulations made by the administrative officers which are subject to approval by the council under the provisions of this Code, after such approval is given, and all rules and regulations adopted by the council on its own initiative shall be published in the manner provided in the city Charter for the publication of city ordinances. Copies of all such rules and regulations shall be kept in the office of the clerk for public inspection and distribution.

Sec. 1-14. Captions.

Headings and captions used in this Code, such as the chapter, article, division and section numbers, are employed for reference purposes only and shall not be deemed a part of the text of any section and do not limit the subject matter.

(Code 1984, § 1-3)

Sec. 1-15. References and notes.

Charter references, cross references, state law references, history notes and editor's notes are by way of explanation only and should not be deemed a part of the text of any section.

(Code 1984, § 1-3)

Sec. 1-16. Application to future legislation.

All of the provisions of this chapter, not incompatible with future legislation, shall apply to ordinances adopted that amend or supplement this Code, unless otherwise specifically provided.

Sec. 1-17. Rules of severability.

Each chapter, article, division or section or, whenever divisible, subsection of this Code is hereby declared to be severable, and the invalidity of any chapter, article, division or section or divisible subsection shall not be construed to affect the validity of any other chapter, article, division or section or subsection of this Code.

(Code 1984, § 1-12)

State law reference(s)--Similar provisions, MCL 8.5, MSA 2.216.

Sec. 1-18. Reference to other sections.

Whenever in one section reference is made to another section of this Code, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered, unless the subject matter be changed or materially altered by the amendment or revision.

Sec. 1-19. Reference to offices.

Reference to a public officer shall be deemed to apply to any office, officer or employee of the city exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

Sec. 1-20. Certain provisions saved from repeal.

(a) Nothing in this Code or the ordinance adopting this Code shall affect the following when not inconsistent with this Code:

(1) Any offense committed or penalty incurred or any right established prior to the effective date of this Code.

(2) Any ordinance levying annual taxes.

(3) Any ordinance appropriating money.

(4) Any ordinance authorizing the issuance of bonds or borrowing money.

(5) Any ordinance establishing utility rates.

(6) Any ordinance establishing franchises or granting special rights to certain persons.

(7) Any ordinance authorizing public improvements.

(8) Any ordinance authorizing the purchase or sale of real or personal property.

(9) Any ordinance annexing or detaching territory.

(10) Any ordinance granting or accepting easements, plats or dedication of land to public use.

(11) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city.

(12) Any ordinance establishing or prescribing grades in the city.

(13) Any ordinance prescribing the number, classification or compensation of any city officers or employees.

(14) Any ordinance prescribing traffic and parking restrictions pertaining to specific streets.

(15) Any ordinance pertaining to zoning.

(16) Any other ordinance or part thereof which is not of a general and permanent nature.

(b) All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the city clerk's office.

(Code 1984, § 1-4)

Sec. 1-21. Supplementation of Code.

(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the council. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete. The new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c) When preparing a supplement to this Code, the codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings and titles;

(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4) Change the words ``this ordinance'' or words of the same meaning to ``this chapter,'' ``this article,'' ``this division,'' etc., as the case may be, or to ``sections ________ through ________'' (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

Sec. 1-22. Enforcement official or agent.

If sections of this Code do not directly name a city official who is responsible for carrying out enforcement provisions, the city manager may direct any one of his employees, officers or another agency to perform the stated enforcement provisions.

Sec. 1-23. Conflicting regulations.

Where there is a difference or conflict between other provisions of this Code or those contained in lawfully adopted county, state, city, federal or other governmental agency rules, regulations, ordinances or laws, the most liberal interpretation of the most restrictive or the one imposing the most desirable standard shall prevail.

Sec. 1-24. Notice.

Notice regarding sidewalk repairs, sewer or water connections, dangerous structures, abating nuisances or any other act, the expense of which if performed by the city may be assessed against the premises under the provisions of this Code, shall be served by:

(1) Delivering the notice to the owner personally or by leaving the notice at his residence, office or place of business with some person of suitable age and discretion;

(2) Mailing the notice by first class mail to such owner at his last known address; or

(3) If the owner is unknown, posting the notice in some conspicuous place on the premises at least five days before the act or action concerning which the notice is given is to take place. No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any city officer, unless permission is given by the officer.

Sec. 1-25. General penalty.

(a) Unless another penalty is expressly provided by this Code for any particular provision or section, every person convicted of a violation of any provision of this Code or any rule, regulation or order adopted or issued in pursuance thereof shall be punished by a fine of not more than $500.00 and costs of prosecution or by imprisonment for not more than 90 days or by both such fine, costs and imprisonment in the discretion of the court. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.

(b) The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this Code, whether or not such penalty is reenacted in the amendatory ordinance.

(c) The penalty shall be in addition to the abatement of the violating condition, any injunctive relief or revocation of any permit or license.

(Code 1984, § 1-9)

State law reference(s)--Limitation on penalties, MCL 117.4i, MSA 5.2082.

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