A.
All valid bylaws, ordinances, resolutions, rules and regulations
of the City of Rockwood which are not inconsistent with the Charter
and which are in full force and effect at the time of the effective
date of this Charter shall continue in full force and effect until
repealed or amended. If any such ordinance, resolution, rule or regulation
provides for the appointment of any officers or any members of any
boards or commissions by the Mayor and/or Mayor and Council, such
officers or members of any boards or commissions shall, after the
effective date of this Charter, be appointed in accordance with the
provisions of this Charter.
B.
Those provisions of any effective valid bylaw, ordinance, resolution,
rule or regulation which are inconsistent with this Charter are hereby
repealed.
A.
All official action of the Council shall be by ordinance, resolution,
motion or order. Action by resolution, motion or order shall be limited
to matters required or permitted to be so done by this Charter or
by state or federal law or pertaining to the internal affairs or concerns
of the City government. All other acts of the Council and all acts
carrying a penalty for a violation thereof shall be by ordinance.
Each ordinance shall be identified by a short title, by a number and
by a Code section number.
B.
Each proposed ordinance shall be introduced in written or printed
form. The style of all ordinances shall be: "The City of Rockwood
ordains."
A.
Subject to the exceptions which follow hereafter:
(1)
Ordinances may be enacted by the affirmative vote of not less than
four members of the Council.
(2)
No ordinance shall be amended or repealed except by an ordinance
adopted as aforesaid.
(3)
No ordinance shall be enacted at the meeting at which it is introduced
nor until after publication of a summary of the proposed ordinance.
(4)
The effective date of all ordinances shall not be earlier than 10
days after publication thereof.
B.
It is provided, however, that an ordinance which is declared therein
to be an emergency ordinance which is immediately necessary for the
preservation of the public peace, health or safety may be enacted
at the meeting at which it is introduced or before publication of
the proposed ordinance or summary thereof and may be given earlier
effect than 10 days after its enactment by the affirmative votes of
six members of the Council if seven members are present at the meeting
at which it was enacted or by the affirmative votes of five members
if six members of the Council are present at the meeting at which
it is enacted.
C.
In case an ordinance is given effect earlier than 10 days after its
enactment, the requirements for publication before such ordinance
becomes operative may be met by posting copies thereof in conspicuous
locations in three public places in the City, other provisions of
this Charter notwithstanding, and the Clerk shall, immediately after
such posting, enter in the Ordinance Book under the record of the
ordinance a certificate under his hand stating the time and place
of such publication by posting, which certificate shall be prima facie
evidence of such publication by posting the ordinance, but the failure
to so record and authenticate such ordinance shall not invalidate
it or suspend its operation. Such ordinance shall also be published
in accordance with § C-7.4, but not as a requirement for
the effectiveness thereof.
D.
No ordinance granting any public utility franchise shall be enacted
except in accordance with the provisions of § C-7.4.
E.
No ordinance shall be amended by reference to the title only, but
the amended section or sections of the ordinance as amended shall
be reenacted and published. However, an ordinance or section thereof
may be repealed by reference to its title and ordinance or Code number
only.
A.
Each ordinance shall be published within 15 days after its enactment
in one of the following two methods:
(1)
The full text thereof may be published in a newspaper as defined
in § C-15.4; or
(2)
In cases of ordinances over 500 words in length, a digest, summary
or statement of purpose of the ordinance, approved by the Council,
may be published in a newspaper as defined in § C-15.4,
either separately or as a part of the published Council proceedings
or summary thereof, including with such newspaper publication a notice
that printed copies of the full text of the ordinance are available
for inspection by and distribution to the public at the office of
the Clerk; if method 2 is used, then printed copies shall promptly
be so made available as stated in such notice.
B.
All ordinances shall be recorded by the Clerk in a book to be called
"The Ordinance Book," and it shall be the duty of the Mayor and Clerk
to authenticate such records by their official signature thereon,
but the failure to so record and authenticate any such ordinance shall
not invalidate it or suspend its operation.
The Council may provide in any ordinance for the punishment
of those who violate its laws or ordinances, but no punishment shall
exceed $500 or imprisonment for 90 days, or both, in the discretion
of the court; said imprisonment may be in the county jail, City prison
or any workhouse in the state authorized by law to receive prisoners
from such City.
A.
Action to vacate, discontinue or abolish any highway, street, lane,
alley or other public place, or part thereof, shall be by resolution.
After the introduction of such resolution and before its final adoption,
the Council shall hold a public hearing thereon and shall publish
notice of such hearing at least one week prior thereto.
B.
The following actions shall require the affirmative vote of five
members of the Council for the effectiveness thereof:
(1)
Vacating, discontinuing or abolishing any highway, street, lane,
alley or other public place, or part thereof;
(2)
Leasing, selling or disposing of any City-owned real estate or interest
therein;
(3)
Authorizing the condemnation of private property for public use;
(4)
Creating or abolishing any office;
(5)
Appropriating any money;
(6)
Imposing any tax or assessment;
(7)
Reconsidering or rescinding any vote of the Council.
C.
The Council shall not have power to engage in any business enterprise
requiring any investment of money in excess of the amount permitted
to be so invested by statute unless approved by a majority vote of
the electors voting thereon at any general or special election.
D.
After any action is taken by Council on items found in § C-7.6
of this Charter, the Clerk shall notify any residents who are personally
involved in any issue in which a Council vote was taken.
Subject to the provisions of this section, there may be adopted
as a City ordinance or code, by reference thereto in an adopting ordinance,
in whole or in part, provisions of:
A.
Any Michigan statute; or
B.
Any detailed technical regulation as authorized by statute and promulgated
or enacted by any organization or association which has developed
a recognized standard code or set of such technical regulations. Such
adopting ordinance shall clearly identify and state the purpose of
the provisions or regulations so adopted. Where any ordinance or code,
or amendment thereto, adopting provisions by reference is enacted,
all requirements for its publication may be met, other provisions
of this Charter notwithstanding, by:
(1)
Publishing the ordinance citing such provisions in a manner provided
by this Charter for the publication of other ordinances, and including
as part of such publication a notice that printed copies of the provisions
so cited are available for inspection and for distribution to the
public.
(2)
Making copies available for public inspection and for distribution
to the public at reasonable charge.
If any portion of an ordinance or the application thereof to
any person or circumstances shall be found to be invalid by a court,
such invalidity shall not affect the remaining portions or applications
of the ordinance, unless expressly provided to the contrary by the
ordinance. The remaining portions or applications can be given effect
without the invalid portion or application, provided such remaining
portions or applications are not determined by the court to be inoperable,
and to this end are declared to be severable.
A.
The Council shall be responsible for the codification and printing
in loose-leaf or pamphlet form of all ordinances of the City. Codification
shall be maintained in current form, and at intervals of 10 years
thereafter, the Council may direct the recodification and printing
thereof.
B.
All requirements for publication of such codification and of the
ordinances contained therein, other provisions of this Charter notwithstanding,
may be met by making copies thereof available for inspection by, and
distribution to, the public at a reasonable charge and by publishing
notice of the printing and availability thereof before the effective
date thereof.
C.
The copies of the ordinances in Codes or codes referred to in this
Charter may be certified by the Clerk. When certified, they shall
be competent evidence in all courts and legally established tribunals
as to the matter contained therein.
An ordinance may be initiated by petition, or a referendum on
an enacted ordinance may be had by petition, as hereinafter provided.
A.
An initiatory or referendary petition shall be signed by not less
than 25% of the registered electors of the City, as of the date of
the last regular City election. All signatures on said petition shall
be obtained within 30 days before the date of filing the petition
with the Clerk. Any such petition shall be addressed to the Council
and may be the aggregate of two or more petition papers identical
as to contents and simultaneously filed by one person. An initiatory
petition shall set forth in full the ordinance it proposes to initiate.
No petition shall propose to initiate more than one ordinance. A referendary
petition shall identify the ordinance, or part thereof, it proposes
to have repealed.
B.
Each signer of a petition shall sign his/her name, the date and place
of residence by street and number or by other customary designation.
To each petition paper there shall be attached a sworn affidavit by
the circulator thereof, stating the number of signers thereof, and
that each signature thereon is the genuine signature of the person
whose name it purports to be, and that it was made in the presence
of the affiant. Such petitions shall be filed with the Clerk who shall,
within 15 days, canvass the signatures thereon. If the petition does
not contain a sufficient number of signatures of registered electors
of the City, the Clerk shall notify forthwith the person filing such
petition and 15 days from such notification shall be allowed for the
filing of supplemental petition papers. When a petition with sufficient
signatures is filed within the time allowed by this section, the Clerk
shall present the petition to the Council at its next regular meeting.
Upon receiving an initiatory or referendary petition from the
Clerk, the Council shall, within 30 days (unless otherwise provided
by statute), either:
Should the Council decide to submit the proposal to the electors,
it shall be submitted at the next election held in the City for any
other purpose, or, at the discretion of the Council, at a special
election to be called for that specific purpose. In the case of an
initiatory petition, if no election is to be held in the City for
any other purpose within 150 days from the time the petition is presented
to the Council, and the Council does not adopt the ordinance, then
the Council shall call a special election within 60 days from such
time for the submission of the initiative proposal. The result shall
be determined by a majority vote of the electors voting thereon, except
in cases where otherwise required by statute or the Constitution.
A.
The presentation to the Council by the Clerk of a valid and sufficient
referendary petition containing a number of signatures equal to 25%
of the registered electors of the City as of the date of the last
regular election shall automatically suspend the operation of the
ordinance in question pending repeal by the Council or final determination
by the electors.
B.
An ordinance adopted by the electors through initiatory proceedings
may not be amended or repealed for a period of one year after the
date of the election at which it was adopted, and an ordinance repealed
by the electorate may not be reenacted for a period of one year after
the date of the election at which it was repealed. It is provided,
however, that any ordinance may be adopted, amended or repealed at
any time by appropriate referendum or initiatory procedure in accordance
with the provisions of this chapter or if submitted to the electorate
by the Council on its own motion.
C.
If two or more ordinances adopted at the same election shall have
conflicting provisions, the provisions in the ordinance receiving
the highest number of affirmative votes shall govern.
