[HISTORY: Adopted by the Village Council of the Village of
Cassopolis as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-8-2003 by Ord. No. 233 (Ch. 1, Secs. 1-2 and
1-11, of the 2003 Code of Ordinances)]
The following definitions and rules of construction shall apply
to this Code and to all ordinances and resolutions unless the context
requires otherwise:
The Cassopolis Village Code, as designated in Article II of this chapter.
In computing a period of days, the first day is excluded
and the last day is included. If the last day of any period or a fixed
or final day is a Saturday, Sunday or legal holiday, the period or
day is extended to include the next day that is not a Saturday, Sunday
or legal holiday.
In a provision involving two or more items, conditions, provisions
or events, which items, conditions, provisions or events are connected
by the conjunction "and," "or" or "either . . . or," the conjunction
shall be interpreted as follows:
"And" indicates that all the connected terms, conditions, provisions
or events apply.
"Or" indicates that the connected terms, conditions, provisions
or events apply singly or in any combination.
"Either . . . or" indicates that the connected terms, conditions,
provisions or events apply singly but not in combination.
The Council of the Village of Cassopolis, Michigan.
Cass County, Michigan.
A provision that authorizes or requires a Village officer
or Village employee to perform an act or make a decision authorizes
such officer or employee to act or make a decision through subordinates.
Terms of one gender include the other gender.
When provisions conflict, the specific shall prevail over
the general. All provisions shall be liberally construed so that the
intent of the Council may be effectuated. Words and phrases shall
be construed according to the common and approved usage of the language,
but technical words, technical phrases and words and phrases that
have acquired peculiar and appropriate meanings in law shall be construed
according to such meanings.
Are terms of enlargement and not of limitation or exclusive
enumeration, and the use of the terms does not create a presumption
that components not expressed are excluded.
A grant of authority to three or more persons as a public
body confers the authority on a majority of the number of members
as fixed by statute or ordinance.
Is to be construed as being permissive and not mandatory.
States a prohibition.
A calendar month.
The singular includes the plural and the plural includes
the singular.
Includes an affirmation in all cases where an affirmation
may be substituted for an oath. In similar cases, the term "sworn"
includes the term "affirmed."
References to officers, departments, boards, commissions
or employees are to Village officers, Village departments, Village
boards, Village commissions and Village employees.
As applied to property, includes any part owner, joint owner,
tenant in common, tenant in partnership, joint tenant or tenant by
the entirety of the whole or part of such property. With respect to
special assessments, however, the owner shall be considered to be
the person which appears on the assessment roll for the purpose of
giving notice and billing.
Any individual, partnership, corporation, association, club,
joint venture, estate, trust, governmental unit, and any other group
or combination acting as a unit, and the individuals constituting
such group or unit.
Any property other than real property.
As applied to real property, includes land and structures.
Real and personal property.
All references to public acts are to Public Acts of the State
of Michigan. For example, a reference to Public Act No. 197 of 1975
is a reference to Act No. 197 of the Public Acts of Michigan of 1975.
Any reference to a public act or law, whether by public act number
or by short title, is a reference to the act or law, as amended.
Includes lands, tenements and hereditaments.
Is to be construed as being mandatory.
Any portion of the street between the curb, or the lateral
line of the roadway, and the adjacent property line, intended for
the use of pedestrians.
Includes a mark when the person cannot write.
The State of Michigan.
The entire width subject to an easement for a public right-of-way
or owned in fee by the Village, 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
term "alley" means any such way or place providing a secondary means
of ingress and egress from property.
Includes the term "affirm."
The present tense includes the past and future tenses. The
future tense includes the present tense.
The Village of Cassopolis, Michigan.
Seven consecutive days.
Includes any representation of words, letters, symbols or
figures.
Twelve consecutive months.
A.Â
In
this section, the phrase "violation of this Code" means any of the
following:
(1)Â
Doing an act that is prohibited or made or declared unlawful, an
offense or a violation by ordinance or by rule or regulation authorized
by ordinance.
(2)Â
Failure to perform an act that is required to be performed by ordinance
or by rule or regulation authorized by ordinance.
(3)Â
Failure to perform an act if the failure is prohibited or is made
or declared unlawful, an offense or a violation by ordinance or by
rule or regulation authorized by ordinance.
B.Â
Nothing
in this section shall be deemed as imposing a penalty for the failure
of a Village officer or Village employee to perform an official duty
unless it is specifically provided elsewhere in this Code that the
failure to perform the duty is to be punished as provided in this
section.
C.Â
Except as otherwise provided by law or ordinance, a person who commits a violation of this Code is responsible for a municipal civil infraction. Except as otherwise provided by law or ordinance, with respect to municipal infractions that are continuous with respect to time, each day that the violation continues is a separate offense. As to other violations, each violation constitutes a separate offense. Except as provided in Subsection D of this section, or elsewhere in this Code, a person who commits a municipal civil infraction shall be subject to a civil fine of not less than $50 nor more than $500, plus any costs, damages and other sanctions authorized by law, except that repeat offenses shall be subject to increased fines as provided in this subsection. In this subsection, the term "repeat offense" means a second or subsequent violation for the same requirement or provision committed by the same person within any one-hundred-eighty-day period for which the person admits responsibility or is determined to be responsible. Except as otherwise provided, the increased fines for repeat violations are as follows:
(1)Â
For any offense that is a first repeat offense, not less than $100,
plus costs;
(2)Â
For any offense that is a second repeat offense, not less than $250,
plus costs;
(3)Â
For any offense that is a third repeat offense, not less than $400,
plus costs;
(4)Â
For any offense that is a fourth or subsequent repeat offense, not
less than $500, plus costs.
D.Â
The
civil fines are to be paid upon an admission of responsibility at
the Cass County Courthouse in response to the issuance by an authorized
Village official of a municipal infraction violation notice for a
municipal civil infraction. Repeat offenses shall be subject to increased
fines.
[Amended 4-11-2016]
E.Â
Notwithstanding Subsection C of this section, violations of the provisions listed in Subsection F of this section are misdemeanors. A person convicted of a misdemeanor under this Code shall, except as specifically provided otherwise by law or ordinance, be punished by a fine not to exceed $500, and costs of prosecution or by imprisonment for a period of not more than 90 days, or by both such fine, costs and imprisonment. A person convicted of a misdemeanor that is substantially similar to a state offense for which a different ordinance violation penalty is authorized by law shall be punished as authorized by law. Except as otherwise provided by law or ordinance, with respect to misdemeanors that are continuous with respect to time, each day that the violation continues is a separate offense. As to other misdemeanors, each violation constitutes a separate offense.
F.Â
G.Â
A
person who aids or abets a violation of this Code shall be punished
as if the person committed the violation that the person aided or
abetted.
H.Â
The
imposition of a penalty does not prevent suspension or revocation
of a license, permit or franchise or other administrative sanctions.
I.Â
Violations
of this Code that are continuous with respect to time are a public
nuisance and may be abated by injunctive or other equitable relief.
The imposition of a penalty does not prevent injunctive relief or
civil or quasi-judicial enforcement.
[Adopted 10-12-2015 by Ord. No. 254]
Pursuant to MCLA § 66.3a, the ordinances of the Village of Cassopolis of a general and permanent nature adopted by the Village Council of the Village of Cassopolis, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 370, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Cassopolis," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede 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 become effective upon publication after
adoption.
A copy of the Code in loose-leaf form has been filed in the
office of the Village Manager 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 Manager of the Village of Cassopolis by impressing thereon
the Seal of the Village, as provided by law, and such certified copy
shall remain on file in the office of the Village Manager, 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 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
Village of Cassopolis" 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 Manager of the Village of Cassopolis, 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 Village. Sufficient
copies of the Code shall be maintained in the office of the Manager
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 Manager or someone authorized and
directed by the Manager 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 Manager, or an authorized agent of the Manager,
upon the payment of a fee to be set by the Village Council, or may
be furnished electronically. The Manager 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 Village of Cassopolis 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.
This Code and the various parts, sections, subsections, paragraphs,
sentences, phrases, and clauses thereof are hereby declared to be
severable. If any part, section, subsection, paragraph, sentence,
phrase, or clause is adjudged unconstitutional or invalid by a court
of competent jurisdiction, it is hereby provided that the remainder
of this Code shall not be affected thereby and shall remain in effect
and valid.
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.
A.Â
This Code shall be deemed to repeal, supersede, and replace the prior
ordinances of the Village that are incorporated into this Code. In
addition, all other ordinances and parts thereof which are in conflict
in whole or in part with any of the provisions of this Code are repealed
as of the effective date of this Code, but only to the extent of any
such conflict.
B.Â
The following ordinances are specifically repealed:
(1)Â
Ord. No. 172, adopted September 18, 1990 (Downtown Redevelopment
Authority).
(2)Â
Ord. No. 171, effective April 27, 1993 (Fire Prevention and Protection,
In General).
(3)Â
Ord. No. 182, §§ A—D, adopted June 13, 1994
(Bad checks).
(4)Â
Ord. No. 202, adopted November 13, 1995 (Cable Television Franchise).
(5)Â
Ord. No. 215, adopted January 12, 1997 (Electric Franchise).
The adoption of this Code and the repeal of ordinances provided for in § 1-14 of this ordinance shall not affect the validity of the following ordinances, rights and obligations, which are hereby expressly saved from repeal. The ordinances or portions of ordinances designated below continue in full force and effect to the same extent as if published at length in this Code.
A.Â
Any ordinance adopted subsequent to June 11, 2012.
B.Â
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.Â
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.Â
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.Â
Any franchise (including gas, electric, and cable franchise agreements),
license, right, easement or privilege heretofore granted or conferred.
F.Â
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.Â
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 Village's
indebtedness.
H.Â
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract, agreement or obligation.
I.Â
The levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J.Â
The dedication of property or approval of preliminary or final subdivision
plats.
K.Â
All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
L.Â
Any ordinance adopting or amending the Zoning Map.
M.Â
Any legislation relating to or establishing a pension plan or pension
fund for municipal employees.
A.Â
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 Village 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.
C.Â
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.)
A.Â
Throughout the Code, a reference to "Michigan Compiled Laws" shall
include all sections of law, as last amended, which are assigned a
compilation number by the legislative service bureau and are not subsequently
repealed.
B.Â
Unless otherwise specifically provided, a reference to all or part
of a statute, regardless of whether the words "as amended" are used
in the reference, shall include the latest amendments to the statute
or part.
