[HISTORY: Adopted by the Village Council of the Village of Cassopolis as indicated in article histories. Amendments noted where applicable.]
Article I Definitions; General Penalty
Article II Adoption of Code
[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:
- COMPUTATION OF TIME
- 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:
- A. "And" indicates that all the connected terms, conditions, provisions or events apply.
- B. "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.
- C. "Either . . . or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.
- COUNCIL, VILLAGE COUNCIL
- The Council of the Village of Cassopolis, Michigan.
- Cass County, Michigan.
- DELEGATION OF AUTHORITY
- 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.
- INCLUDES, INCLUDING
- 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.
- JOINT AUTHORITY
- 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.
- MAY NOT
- States a prohibition.
- A calendar month.
- The singular includes the plural and the plural includes the singular.
- OATH, AFFIRMATION, SWORN, AFFIRMED
- 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."
- OFFICERS, DEPARTMENTS, BOARDS, COMMISSIONS OR EMPLOYEES
- 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.
- PERSONAL PROPERTY
- Any property other than real property.
- As applied to real property, includes land and structures.
- Real and personal property.
- PUBLIC ACTS
- 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.
- REAL PROPERTY, REAL ESTATE, LANDS
- 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.
- SIGNATURE, SUBSCRIPTION
- Includes a mark when the person cannot write.
- The State of Michigan.
- STREET, HIGHWAY, ALLEY
- 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.
In this section, the phrase "violation of this Code" means any of the following:
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.
Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
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.
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.
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:
For any offense that is a first repeat offense, not less than $100, plus costs;
For any offense that is a second repeat offense, not less than $250, plus costs;
For any offense that is a third repeat offense, not less than $400, plus costs;
For any offense that is a fourth or subsequent repeat offense, not less than $500, plus costs.
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.
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.
Violations of the following provisions are misdemeanors and are violations of this Code:
All provisions of Chapter 264, Peace and Good Order, except those provisions that are declared in such chapter to be municipal civil infractions.
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.
The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.
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.
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.
The following ordinances are specifically repealed:
Ord. No. 172, adopted September 18, 1990 (Downtown Redevelopment Authority).
Ord. No. 171, effective April 27, 1993 (Fire Prevention and Protection, In General).
Ord. No. 182, §§ A—D, adopted June 13, 1994 (Bad checks).
Ord. No. 202, adopted November 13, 1995 (Cable Television Franchise).
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.
Any ordinance adopted subsequent to June 11, 2012.
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.
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.
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.
Any franchise (including gas, electric, and cable franchise agreements), license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance adopting or amending the Zoning Map.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
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.
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.)
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.
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.