[Adopted 5-1-2002 by Ord. No. 407]
Pursuant to MCLA § 117.5b, the ordinances of the City
of Rockwood of a general and permanent nature adopted by the City
Council of the City of Rockwood, as revised, codified and consolidated
into chapters and sections by General Code Publishers Corp., and consisting
of Chapters 1 through 270, together with an Appendix, are hereby approved,
adopted, ordained and enacted as the "Code of the City of Rockwood,"
hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1989 Code and
all general and permanent ordinances enacted prior to the enactment
of this Code, except such ordinances as are hereinafter expressly
saved from repeal or continued in force.
This ordinance shall take effect immediately upon passage and
publication according to law.
A copy of the Code in loose-leaf form has been filed in the
office of the City Clerk and shall remain there for use and examination
by the public until final action is taken on this ordinance; and,
if this ordinance shall be adopted, such copy shall be certified to
by the Clerk of the City of Rockwood by impressing thereon the Seal
of the City, as provided by law, and such certified copy shall remain
on file in the office of the Clerk of the City, to be made available
to persons desiring to examine the same during all times while said
Code is in effect.
Any and all additions, amendments or supplements to the Code,
when passed and adopted and published as required by law in such form
as to indicate the intent of the governing body to make them a part
thereof, shall be deemed to be incorporated into such Code so that
reference to the "Code of the City of Rockwood" shall be understood
and intended to include such additions and amendments. Whenever such
additions, amendments or supplements to the Code shall be adopted,
they shall thereafter be printed and, as provided hereunder, inserted
in the loose-leaf book containing said Code, as amendments and supplements
thereto.
The Clerk of the City of Rockwood, pursuant to law, shall cause
to be published, in the manner required, a copy of this Adopting Ordinance
in a newspaper of general circulation in the City. Sufficient copies
of the Code shall be maintained in the office of the Clerk for inspection
by the public at all times during regular office hours. The enactment
and publication of this Adopting Ordinance, coupled with availability
of copies of the Code for inspection by the public, shall be deemed,
held and considered to be due and legal publication of all provisions
of the Code for all purposes.
It shall be the duty of the Clerk or someone authorized and
directed by the Clerk to keep up-to-date the certified copy of the
book containing the Code required to be filed in his or her office
for the use of the public. All changes in said Code and all ordinances
adopted subsequent to the effective date of this codification which
shall be adopted specifically as part of the Code shall, when finally
adopted, be included therein by reference until such changes or new
ordinances are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk, or an authorized agent of the Clerk, upon
the payment of a fee to be set by the City Council or may be furnished
electronically. The Clerk may also arrange for procedures for the
periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code or to alter
or tamper with such Code in any manner whatsoever which will cause
the law of the City of Rockwood to be misrepresented thereby. Anyone
violating this section or any part of this ordinance shall be subject,
upon conviction, to a fine of not more than $500 or imprisonment for
not more than 90 days, or both in the discretion of the Judge imposing
the same.
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances inconsistent with the
provisions contained in the Code adopted by this ordinance are hereby
repealed; provided, however, that such repeal shall only be to the
extent of such inconsistency, and any valid legislation of the City
of Rockwood which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided
for in § 1-12 of this ordinance shall not affect the following
ordinances, rights and obligations, which are hereby expressly saved
from repeal:
A.
Any ordinance adopted subsequent to December 19, 2001.
B.
Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability.
C.
Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered, prior to the effective date of this ordinance
brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F.
Any ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing of grade, changing of name,
improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place or any portion thereof.
G.
Any ordinance appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond or other instruments or evidence of the City's
indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J.
The dedication of property or approval of preliminary or final subdivision
plats.
K.
All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
L.
Any ordinance adopting or amending the Zoning Map.
M.
Any legislation relating to or establishing a pension plan or pension
fund for municipal employees.
N.
The Zoning Ordinance of the City of Rockwood and any and all amendments
thereto.
A.
In compiling and preparing the ordinances for adoption and revision
as part of the Code, certain grammatical changes and other minor changes
were made in one or more of said ordinances. It is the intention of
the City Council that all such changes be adopted as part of the Code
as if the ordinances so changed had been previously formally amended
to read as such.
B.
In addition, the changes, amendments or revisions as set forth in
Schedule A attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this ordinance. (Chapter
and section number references are to the ordinances as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-23B,
the chapters, articles and sections which were amended, added or deleted
by this ordinance are indicated throughout the Code by a footnote
referring to Chapter 1, General Provisions, Article III. During routine
supplementation, footnotes indicating amendments, additions or deletions
will be replaced with the following history: "Amended (added, deleted)
5-1-2002 by Ord. No. 407." Schedule A, which contains a complete description
of all changes, is on file in the City offices.
D.
Fees. In the following sections, the specific fee amount has been
removed and replaced with language indicating that the fee is set
by resolution of the Council: §§ 21-4D and H(2), 21-7D,
75-4A, 75-4B, 95-81, 95-23G, 95-48B, 115-12C, 202-11B, 217-3A and
B, 221-6, 254-6D, 254-30A and B, 254-32, 254-33A, 254-35, 254-36G,
254-43C.
E.
Penalties:
(1)
In the interpretation of wording in the Code of the City of
Rockwood, it is the intention of the City Council that all words purporting
the male gender be interpreted to include the female gender as well,
unless the context precludes such interpretation.
