[Code 1959, § 11.004]
This Code may be known and cited as the "Code of Ordinances,
Village of Richland, Michigan."
[Code 1959, §§ 11.005, 11.010, 11.011]
The following words, terms and phrases, when used in this Code
or any amendment to this Code shall, for the purpose of this Code,
have the meanings respectively ascribed to them in this section, except
in those instances where the context clearly indicates a different
meaning:
The term "this Code" or "Code" shall mean the Code of Ordinances, Village of Richland, Michigan, as designated in section 1-1.
The time within which an act is to be done, as provided in
this Code or in any order issued pursuant to this Code, when expressed
in days, shall be computed by excluding the first day and including
the last, except that if the last day is a Sunday or legal holiday
it shall be excluded; and when the time is expressed in hours, the
whole of Sunday or a legal holiday, from midnight to midnight, shall
be excluded.
The terms "council" and "Village council" shall mean the
Village council of the Village of Richland, Michigan.
The terms "the county" and "this county" shall mean the County
of Kalamazoo in the State of Michigan.
A term importing gender shall extend and be applied to both
genders and to firms, partnerships and corporations as well.
The abbreviation "MCL" shall mean the Michigan Compiled Laws,
as amended.
A term importing the singular number only may extend and
be applied to several persons and things as well as to one person
and thing.
Whenever any officer, employee, department, board, commission
or other agency is referred to by title only, such reference shall
be construed as if followed by the term "of the Village of Richland,
Michigan." Whenever, by the provisions of this Code, any officer,
employee, department, board, commission or other agency of the Village
is assigned any duty or empowered to perform any act or duty, reference
to such officer, employee, department, board, commission or agency
shall mean and include such officer, employee, department, board,
commission or other agency or a deputy or authorized subordinate.
The term "person" and its derivatives, and the term "whoever"
shall include a natural person, partnership, association, legal entity
or a corporate body or any body of persons, corporate or incorporate.
Whenever used in any clause prescribing and imposing a penalty, the
term "person" or "whoever," as applied to any unincorporated entity,
shall mean the partners or members thereof, and as applied to corporations,
the officers thereof.
The term "Public Act" shall mean the Public Acts of Michigan,
as amended.
The term "public place" shall mean any place to or upon which
the public resorts or travels, whether such place is owned or controlled
by the Village or any agency of the State of Michigan, or is a place
to or upon which the public resorts or travels by custom, or by invitation,
express or implied.
The term "shall" is always mandatory and not discretionary.
The term "may" is permissive.
The terms "the state" and "this state" shall be construed
to mean the State of Michigan.
Except as otherwise specifically provided or indicated by
the context, all terms used in this Code indicating the present tense
shall not be limited to the time of adoption of this Code, but shall
extend to and include the time of the happening of any act, event
or requirement for which provision is made therein, either as a power,
immunity, requirement or prohibition.
The term "Village" shall mean the Village of Richland, Michigan.
Unless otherwise provided in this Code, or by law or implication
required, the same rules of construction, definition and application
shall govern the interpretation of this Code as those governing the
interpretation of the Public Acts of Michigan.
[Code 1959, § 11.009]
Headings and captions used in this Code following the chapter,
article, division and section numbers, are employed for reference
purposes only and shall not be deemed a part of the text of any section.
Cross references, state law references and editor's notes
are by way of explanation only and should not be deemed a part of
the text of any section.
The history notes appearing in parentheses after sections of
this Code are not intended to have any legal effect, but are merely
intended to indicate the source of matter contained in the section.
All of the provisions of this chapter, not incompatible with
future legislation, shall apply to ordinances adopted amending or
supplementing this Code, unless otherwise specifically provided.
Whenever in one section reference is made to another section
of this Code, such reference shall extend and apply to the section
referred to as subsequently amended, revised, recodified or renumbered
unless the subject matter is changed or materially altered by the
amendment or revision.
Reference to a public office or officer shall be deemed to apply
to any office, officer or employee of the Village, exercising the
powers, duties or functions contemplated in the provision, irrespective
of any transfer of functions or change in the official title of the
functionary.
The provisions appearing in this and the following chapters
and sections, so far as they are the same as ordinances existing at
the time of the adoption of this Code, shall be considered as a continuation
thereof and not as new enactments.
(a)
The repeal of an ordinance shall not revive any ordinances in force
before or at the time the ordinance repealed took effect.
(b)
The repeal of an ordinance shall not affect any punishment or penalty
incurred before the repeal took effect, or any suit, prosecution or
proceeding pending at the time of the repeal, for an offense committed
under the ordinance repealed.
[Code 1959, § 11.003]
Nothing in this Code or the ordinance adopting this Code shall
affect the following when not inconsistent with this Code:
(1)
Any offense committed or penalty incurred or any right established
prior to the effective date of this Code;
(2)
Any ordinance levying annual taxes;
(3)
Any ordinance appropriating money;
(4)
Any ordinance authorizing the issuance of bonds or borrowing of money;
(5)
Any ordinance establishing utility rates;
(6)
Any ordinance establishing franchises or granting special rights
to certain persons;
(7)
Any ordinance authorizing public improvements;
(8)
Any ordinance authorizing the purchase or sale of real or personal
property;
(9)
Any ordinance annexing or detaching territory;
(10)
Any ordinance granting or accepting easements, plats or dedication
of land to public use;
(11)
Any ordinance dedicating, naming, establishing, locating, relocating,
opening, paving, widening, vacating, etc., any street or public way
in the Village;
(12)
Any ordinance establishing or prescribing grades in the Village;
(13)
Any ordinance prescribing the number, classification or compensation
of any Village officer or employee;
(14)
Any ordinance prescribing traffic and parking restrictions pertaining
to specific streets;
(15)
Any ordinance pertaining to rezoning;
(16)
Any other ordinance, or part thereof, which is not of a general and
permanent nature;
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and all such ordinances are hereby recognized as continuing
in full force and effect to the same extent as if set out at length
in this Code. Such ordinances are on file in the Village Clerk's
office.
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(a)
Nothing in this Code or the ordinance adopting this Code shall affect
any offense or act committed or done, or any penalty or forfeiture
incurred, or any contract or right established or accruing, before
the effective date of this Code.
(b)
The adoption of this Code shall not be interpreted as authorizing
or permitting any use or the continuance of any use of a structure
or premises in violation of any ordinance of the Village in effect
on the date of adoption of this Code.
[Code 1959, § 11.006]
Amendments to this Code shall be 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:
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An ordinance to amend section __________ (or sections __________
and __________) of the Code of Ordinances, Village of Richland, Michigan.
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(2)
To insert a new section or chapter:
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An ordinance to amend the Code of Ordinances, Village of Richland,
Michigan, by adding a new section (__________, new sections or a new
chapter, as the case may be) which new section (sections or chapter)
shall be designated as section __________ (sections __________ and
__________) (or proper designation if a chapter is added) of such
Code.
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(3)
To repeal a section or chapter:
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An ordinance to repeal section __________ (sections __________
and __________, chapter __________, as the case may be) of the Code
of Ordinances, Village of Richland, Michigan.
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(a)
By contract or by Village personnel, supplements to this Code shall
be prepared and printed whenever authorized or directed by the Village
council. A supplement to this Code shall include all substantive permanent
and general parts of ordinances adopted during the period covered
by the supplement and all changes made thereby in the Code. The pages
of a supplement shall be numbered so that they will fit properly into
the Code and will, where necessary, replace pages which have become
obsolete or partially obsolete, and the new pages shall be prepared
so that, when they have been inserted, the Code will be current through
the date of the adoption of the latest ordinance included in the supplement.
(b)
In preparing a supplement to this Code, all portions of the Code
which have been repealed shall be excluded from the Code by the omission
thereof from reprinted pages.
(c)
When preparing a supplement to this Code, the codifier (meaning the
person, agency or organization authorized to prepare the supplement)
may make formal, nonsubstantive changes in ordinances and parts of
ordinances included in the supplement, insofar as it is necessary
to do so to embody them into a unified code. For example, the codifier
may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for sections
and other subdivisions of the Code printed in the supplement, and
make such changes in such catchlines, headings and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to
be inserted in the Code and, where necessary to accommodate new material,
change existing section or other subdivision numbers;
(4)
Change the words "this ordinance," or words of the same meaning,
to "this chapter," "this article," "this division," etc., as the case
may be, or to "sections __________ to __________" (inserting section
numbers to indicate the sections of the Code which embody the substantive
sections of the ordinance incorporated into the Code); and
(5)
Make other nonsubstantive changes necessary to preserve the original
meaning of ordinance sections inserted into the Code; but in no case
shall the codifier make any change in the meaning or effect of ordinance
material included in the supplement or already embodied in the Code.
[Code 1959, § 11.014]
(a)
It is the legislative intent of the Village council in adopting this
Code that all provisions and sections of this Code be liberally construed
to protect and preserve the peace, health, safety and welfare of the
inhabitants of the Village. Should any provision or section of this
Code be held unconstitutional or invalid, such holding shall not be
construed as affecting the validity of any of the remaining provisions
or sections, it being the intent that this Code shall stand, notwithstanding
the invalidity of any provision or section thereof.
(b)
The provisions of this section shall apply to the amendment of any
section of this Code, whether or not the wording of this section is
set forth in the amendatory ordinance.
[Code 1959, §§ 11.008, 11.013]
(a)
Except as specifically provided otherwise by state law or Village
ordinance, all violations of this Code are misdemeanors. Except as
otherwise provided by law or ordinance, a person convicted of a violation
of this Code that is a misdemeanor shall 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 and imprisonment.
However, unless otherwise provided by law, a person convicted of a
violation of this Code which substantially corresponds to a violation
of state law that is a misdemeanor for which the maximum period of
imprisonment is 93 days shall be punished by a fine not to exceed
$500 and costs of prosecution, or by imprisonment for a period of
not more than 93 days, or by both such fine and imprisonment.
(b)
The sanctions for a violation which is a municipal civil infraction
shall be a civil fine in the amount as provided by this Code or any
ordinance or otherwise established by the Village council, plus any
costs, damages, expenses and other sanctions, as authorized under
Chapter 87 of Public Act No. 236 of 1961 (MCL 600.101 et seq.), and
other applicable laws.
(1)
Unless otherwise specifically provided for by this Code or any ordinance,
the civil fine for a municipal civil infraction shall not be less
than $50, plus costs and other sanctions, for each infraction.
(2)
Increased civil fines may be imposed upon a person for repeated violations
of any requirement or provision of this Code or any ordinance. As
used in this section, the term "repeat offense" means a second or
subsequent municipal civil infraction violation of the same requirement
or provision:
a.
Committed by a person within any six-month period, unless some other
period is specifically provided by this Code or any ordinance; and
b.
For which the person admits responsibility or is determined to be
responsible. Unless otherwise specifically provided by this Code or
any ordinance for a particular municipal civil infraction violation,
the increased fine for a repeat offense shall be as follows:
(c)
A violation includes any act which is prohibited or made or declared
to be unlawful or an offense by this Code or any ordinance, and any
omission or failure to act where the act is required by this Code
or any ordinance.
(d)
Each day on which any violation of this Code or any ordinance continues
constitutes a separate offense and shall be subject to penalties or
sanctions as a separate offense.
(e)
Whenever any act is prohibited by this Code, an amendment thereof,
or any rule or regulation adopted under this Code, such prohibition
shall extend to and include the causing, securing, aiding or abetting
of another person to do such act.
(f)
Unless another penalty is expressly provided, the penalty provided
by this section shall apply to the amendment of any section of this
Code, whether or not such penalty is reenacted in the amendatory ordinance.
(g)
The penalty shall be in addition to the abatement of the violating
condition, any injunctive relief and/or a revocation of any permit
or license.
(h)
This section shall not apply to the failure of officers and employees
of the Village to perform municipal duties required by this Code.
