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City of Rockwood, MI
Wayne County
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Table of Contents
Table of Contents
Code
New Laws (22) Index
[Adopted as Ch. 202 of the 1989 Codified Ordinances; amended in its entirety 5-1-2002 by Ord. No. 407]
In the construction of the Code of the City of Rockwood, or any provision thereof, the following rules and definitions shall control, except those which are inconsistent with the manifest intent of Council as disclosed in a particular provision, section or chapter:
A. 
Definitions.
ADOPTING ORDINANCE
The ordinance of the municipality adopting the Code of the City of Rockwood, pursuant to law, included in the Code as Article III of this Chapter 1.
COUNCIL
The City Council of the City.
COUNTY
The County of Wayne, Michigan.
KEEPER AND PROPRIETOR
Persons, firms, associations, corporations, clubs and co-partnerships, whether acting by themselves or as a servant, agent or employee.
LAND AND REAL ESTATE
Includes rights and easements of an incorporeal nature.
LAW
All applicable laws of the United States of America, the State of Michigan and the City of Rockwood.
MUNICIPALITY or CITY
The City of Rockwood, Michigan.
OATH
Includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples about taking an oath. An affirmation shall have the same force and effect as an oath.
ORDINANCE
Includes any ordinance of the municipality, including any provision of the Code of the City of Rockwood.
OWNER
When applied to property, includes a part owner, joint owner or tenant in common of the whole or any part of such property.
PERSON
Includes any individual, co-partnership, corporation, association, club, joint venture, estate, trust and any other group or combination acting as a unit, and the individuals constituting such group or unit.
PREMISES
When used as applicable to property, extends to and includes land and buildings.
PROPERTY
Includes real and personal property and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property; "real property" includes lands, tenements and hereditaments.
PUBLIC PLACE
Any place to or upon which the public resorts or travels, whether such place is owned or controlled by the City or any agency of the state or is a place to or upon which the public resorts or travels by custom or by invitation, express or implied.
PUBLISH
To print in a newspaper of general circulation in the municipality the entire document or a brief summary thereof with a listing of places where copies have been filed and times when they are available for inspection.
RESIDENCE
An abode in which a person permanently resides.
SIDEWALK
That portion of a street between the curblines or lateral lines and the right-of-way lines, which is intended for the use of pedestrians.
STATE
The State of Michigan.
STREET, HIGHWAY AND ALLEY
The entire width subject to an easement for public right-of-way, or owned in fee by the City, county or state, of every way or place, of whatever nature, whenever any part thereof is open to the use of the public as a matter of right for purposes of public travel. The word "alley" means any such way or place providing a secondary means of ingress and egress from a property.
TENANT AND OCCUPANT
As applied to buildings or land, shall extend and be applied to any person holding a written or oral lease of, or who occupies the whole or any part of, a building or land, alone or with others.
B. 
Interpretation.
(1) 
Authority. Whenever in the Code of the City of Rockwood authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate, unless contrary to law or the clear intent of any such particular provision.
(2) 
Calendar; computation of time. The terms "month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, unless the last day is a Sunday or a legal holiday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday or a legal holiday shall be excluded.
(3) 
Conjunctions. "And" includes "or" and "or" includes "and," if the sense so requires.
(4) 
Gender. Words importing the masculine shall extend and be applied to the feminine and neuter genders.
(5) 
General rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language; provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.
(6) 
Joint authority. Words giving authority to a board, commission, authority or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.
(7) 
Number. Words in the plural include the singular and words in the singular include the plural number.
(8) 
Reasonable time. In all cases where provision is made for an act to be done or notice to be given within a reasonable time, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or the giving of such notice.
(9) 
Responsibility. Whenever any act is prohibited by a provision of the Code of the City of Rockwood or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do such act.
(10) 
Shall and may. "Shall" is mandatory; "may" is permissive.
(11) 
Tenses. The use of any verb in the present tense includes the future.
(12) 
Time. Whenever any time established in the Code of the City of Rockwood for the taking of any action expires on a Sunday or a legal holiday, such time shall not expire on such day but shall expire on the next weekday.
A. 
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 the Code of the City of Rockwood, shall be served:
(1) 
By delivering the notice to the owner personally or by leaving the same at his or her residence, office or place of business with some person of suitable age and discretion;
(2) 
By mailing such notice by certified or registered mail to such owner at his or her last known address; or
(3) 
If the owner is unknown, by posting such notice in some conspicuous place on the premises for at least five days before the act or action concerning which the notice is given is required or is to occur.
B. 
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 such officer to remove such notice or placard.
The Code of the City of Rockwood shall be amended by ordinance. The title of each amendatory ordinance, adapted to the particular circumstances and purposes of the amendment, shall be substantially as follows:
(1) 
To amend any section:
AN ORDINANCE TO AMEND SECTION _____________ (or SECTIONS ___________ AND ________________) OF THE CODE OF THE CITY OF ROCKWOOD.
(2) 
To insert a new section, chapter or Article:
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF ROCKWOOD BY ADDING A NEW SECTION (____________________ NEW SECTIONS, A NEW CHAPTER or A NEW ARTICLE, as the case may be) WHICH NEW SECTION (SECTIONS, CHAPTER or ARTICLE) SHALL BE DESIGNATED AS SECTION ____________ (SECTIONS __________ AND _________), or CHAPTER __________, or ARTICLE _______________) OF THE CODE OF THE CITY OF ROCKWOOD.
(3) 
To repeal a section, chapter or title:
AN ORDINANCE TO REPEAL SECTION ________ (SECTIONS ________ AND ________, or CHAPTER _____________, or ARTICLE __________) (as the case may be) OF THE CODE OF THE CITY OF ROCKWOOD.
Each copy of the Code of the City of Rockwood distributed to an officer or employee of the City shall remain the property of the City and shall be turned over by such officer or employee, upon expiration of his or her term of office or employment with the City, to the City Clerk for reassignment.
A. 
General penalty. Whenever, in the Code of the City of Rockwood, or in any technical or other code adopted by reference in the Code of the City of Rockwood, or in any rule, regulation or order promulgated or made under authority of any provision of the Code of the City of Rockwood, or under authority of any technical or other code adopted by reference in the Code of the City of Rockwood, or under authority of state law, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates or fails to comply with any such provision shall be fined not more than $500 or imprisoned not more than 90 days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues, unless otherwise provided.
B. 
Surcharges; equitable remedies. The imposition of any penalty provided for in this section shall be in addition to any surcharge levied for a violation of or noncompliance with a provision of the Code of the City of Rockwood, or a provision of a technical or other code adopted by reference in the Code of the City of Rockwood, or a rule, regulation or order promulgated or made under authority of either, or under authority of state law, and shall be in addition to any equitable remedy provided by a provision of the Code of the City of Rockwood, or a provision of a technical or other code adopted by reference in the Code of the City of Rockwood, or a rule, regulation or order promulgated or made under authority of either, or under authority of state law, including the enforced removal of prohibited conditions.
C. 
Complicity. Every person concerned in the commission of an offense under the Code of the City of Rockwood, whether he or she directly commits the act constituting the offense or procures, counsels, aids or abets in its commission, may be prosecuted, indicted, tried and on conviction shall be punished as if he or she had directly committed such offense.