[Code 1955, § 1-1.1]
The ordinances embraced in this chapter and the following chapters and sections shall constitute and be designated "The Code of the City of Holland, Michigan," and may be so cited. The Code may also be cited as "Holland City Code."
[Code 1955, §§ 1-1.7, 1-1.9, 1-1.10; Ord. No. 666]
In the construction of this Code and all amendments thereto, and all other ordinances of the City, the following definitions and rules shall be observed, unless the context clearly requires otherwise, or unless such interpretation and construction would be inconsistent with the manifest intent of the City Council:
- The Charter of the City of Holland, Michigan.
- The City of Holland, Michigan.
- CITY COUNCIL
- The word "Council" or the words "City Council" mean the legislative body of the City of Holland, Michigan.
- COMPUTATION OF TIME
- 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 as prescribed by state statute.
- The word "county" shall mean either the County of Ottawa or the County of Allegan, or both, or as the case may be, in the State of Michigan.
- Every word of the masculine gender may be extended and applied to the feminine or neuter as well as to the masculine gender, and every word of the neuter gender, may be extended and applied to the feminine or masculine as well as the neuter gender.
- JOINT AUTHORITY
- All words purporting to give joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise expressly declared in the section of this Code or the ordinance granting the authority.
- The word "month" shall be construed as to mean a calendar month.
- Every word of the singular number may extend to and embrace the plural number, and every work of the plural number may include and be applied to the singular number.
- OATH; AFFIRMATION; SWORN; AFFIRMED
- The word "oath" shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed."
- The several officers' titles mean such officers of the City, or their deputies or authorized subordinates or agents, as provided in Section 1-8.
- The word "owner," applied to a building or land, shall include any part owner, land contract vendee, joint owner, tenant in common, tenant in partnership, joint tenant, tenant by the entirety or optionee of the whole or of a part of such building or land.
- The word "person" shall include any individual, copartnership, association, unincorporated club, joint venture and any other group or combination acting as a unit, and the individuals constituting the same, any corporation and the fiduciary of any estate or trust.
- PRECEDING; FOLLOWING
- The words "preceding" and "following" mean next before and next after, respectively.
- The word "property" shall include real estate and personal property.
- PUBLIC PLACE
- The words "public place" mean any street, alley, service drive, parking lot or area, public building, any place of business or assembly, or any other premises open to or frequented by the public; provided, that drives and parking lots or areas serving residential dwellings of three or less living units are excluded.
- In all cases in which the seal of any court or public office shall be required to be affixed to any paper issuing from such court or office, the word "seal" shall be construed to mean the impression of such seal on such paper alone, as well as the impression of such seal affixed thereto by means of a wafer or wax.
- SHALL; MAY
- The word "shall" means imperative or mandatory; the word "may" means permissive.
- SIGNATURE; SUBSCRIPTION
- The words "signature" and "subscription" include a mark when the person cannot write.
- The word "state" means State of Michigan.
- STREET; HIGHWAY; ALLEY
- The words "street" and "highway" shall mean all property which is subject to an easement for public right-of-way, or which is owned in fee and devoted to such purpose by the City, county or state. The word "alley" shall mean any such way or place providing a secondary means of ingress and egress from a property.
- SUNDAYS; LEGAL HOLIDAYS
- Whenever any act required to be done pursuant to the provisions of this Code or any ordinance falls on a Sunday or legal holiday, that act shall be performed on the next succeeding business day.
- All words used in the present tense shall not be limited to the time 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 herein, either as a power, immunity, requirement or prohibition.
- Whenever time is referred to, it means Eastern Standard Time or the time officially in force in the City.
- The word "week" shall be construed to mean seven days.
- WRITTEN; IN WRITING
- The words "written" or "in writing" may include any form or reproduction or expression of language.
- The word "year" shall be construed to mean a calendar year and the word "year" alone shall be equivalent to the words "year of our Lord."
[Code 1955, § 1-1.2]
This Code is divided into chapters, articles, divisions and sections. A section number is assigned to each section of the Code for identification purposes. Such section number is in two parts and is arranged so that the left hand number, followed by the dash, designates the chapter number, and the number following the dash, together with the chapter numbers, designates the section itself.
[Code 1955, § 1-1.4]
All words and phrases set in capital letters or underlined at the beginning of the chapters, articles, divisions, sections and subsections of this Code shall constitute chapter, article, and division headings and catchlines of sections and subsections and are not a part of this Code, but are for convenience only and, as such, shall not be available or used for any purpose or construction or interpretation of this Code or of any chapter, article, division, section, or any portion thereof.
[Code 1955, § 1-1.3]
Each provision of this Code may be cited by its assigned section number, and no other citation of any provision shall be required for any purpose.
[Code 1955, § 1-1.11]
Except where the manner of service of notice is specifically provided for in Sections 15.17 or 15.20 of the City Charter, or in any section of this Code requiring notice, notice required to be given by this Code shall be served:
By delivering the notice to the owner personally or by leaving the same at his residence, office or place of business with some person of suitable age and discretion; or
By mailing such notice by registered mail to such owner at his last known address; or
By posting such notice in some conspicuous place on the premises; or
By publication of either such notice or the proceedings of the Council at which the action regarding the same was taken.
[Code 1955, § 1-1.12]
Except as otherwise provided by the City Charter or by this Code, all rules and regulations made by the administrative officers of the City which are required to make effective the provisions of this Code shall become effective after the approval thereof by the Council and the filing of a certified copy thereof in the office of the City Clerk. Copies of all such rules and regulations shall be kept in the office of the City Clerk for public inspection and distribution.
[Code 1955, § 1-1.8]
Whenever, by the provisions of this Code, any officer of the City is assigned any duty or empowered to perform any act or duty, the title of such officer shall mean and include such officer or his deputy or authorized subordinate or agent.
The repeal of any provision of this Code or other ordinance or part thereof shall not release or relinquish any penalty, forfeiture or liability incurred under such provision of this Code or other ordinance or any part thereof, unless the repealing ordinance shall expressly so provide, and such provision of this Code or other ordinance or part thereof shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.
Whenever any provision of this Code or any ordinance, or any part thereof, is repealed by a subsequent ordinance, such provision of this Code or ordinance or any part thereof so repealed shall not be revived by the repeal of such subsequent repealing ordinance.
[Code 1955, § 1-1.13; Ord. No. 1240, 3-24-1999]
Unless a violation of this Code or any ordinance of the City is specifically designated in the code or ordinance as a municipal civil infraction, or unless another penalty is expressly provided by this Code or any ordinance of the City for any particular provision or section, this section shall apply.
Whenever in this Code or in any ordinance of the City an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefore, the violation of any such provision of this Code or any other ordinance of the City shall be punished by a fine and costs, the total of which fine and costs shall not exceed $500, or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
Each act of violation, and every day upon which such violation shall occur or continue, shall constitute a separate offense.
The penalty provided in this section, unless another penalty is expressly provided therein, shall apply to every addition to this Code and to the amendment of any section thereof without the necessity of providing such penalty in the ordinance making any such addition or amendment.
In addition to the penalty prescribed in this section, the City may pursue any equitable remedy for a violation of this Code or any ordinance of the City provided by a provision of this Code, or a provision of a technical or other code adopted by reference in this Code, or a rule, regulation or order promulgated or made under the authority of either, or provided by state law, or a rule, regulation or order promulgated or made under the authority of state law, including, but not limited to, the enforced removal of prohibited conditions, injunctive relief and revocation of licenses or permits.
[Ord. No. 891; Ord. No. 1240, 3-24-1999; Ord. No. 1256, 8-4-1999; Ord. No. 1344, 8-7-2002; 5-14-2014 by Ord. No. 1629; 2-21-2018 by Ord. No. 1725]
Any officer or reserve officer of the City Police Department shall have the authority to issue appearance tickets, citations or parking violation notices for violations of the provisions of this Code which occur in his or her presence.
When authorized by City Council resolution, volunteers trained by the Holland Department of Public Safety shall have the authority to issue citations for parking violations as provided for by law, including as provided for by MCLA § 257.675d.
When authorized by City Council resolution pursuant to MCLA § 257.742(6), nonpolice officer City personnel, trained by the Holland Department of Public Safety and approved by the Chief of Police, shall have the authority to issue citations for parking violations as provided for by law, but excluding citations for those violations as set forth in MCLA § 257.675d(1)(a) through (j).
The enforcing officers under the provisions of Chapters 3, 4, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 21, 21A, 24, 25, 26, 27, 29, 30, 31, 32, 34, 35, 37, 38, 39 and 40 of this Code shall have the authority to issue and serve appearance tickets or notices to appear for violations of the provisions of those chapters.
[Ord. No. 1240, 3-24-1999; Ord. No. 1307, 7-3-2001]
In the event that the doing of any act or the permitting of a condition to exist is declared to be a nuisance per se by any section of this Code, the doing of such act or permitting of such condition to exist may result in injunctive relief being sought in a court of competent jurisdiction or the abatement of such nuisance by the procedures provided and permitted in the City Charter in addition to or as an alternate procedure to any penalty already imposed by any section of this Code. As authorized in Section 15.17 of the Charter of the City of Holland, in any judicial or administrative action to abate a nuisance per se, the City shall be entitled to recover its costs (including the cost of administrative staff time) and reasonable attorney fees incurred to investigate and abate a nuisance, whether incurred before or after the commencement of litigation. As further authorized in Section 15.17 of the Charter of the City of Holland, the City shall have a lien against the property subject to the abatement proceedings for all such costs and attorney fees awarded under this Section 1-10.2 and may enforce the lien in the manner prescribed by the general laws of the state providing for the enforcement of special assessments.
[Code 1955, § 1-1.6; Ord. No. 1240, 3-24-1999]
Unless a violation of this Code or any ordinance of the City is specifically designated in this Code or any ordinance as a municipal civil infraction, whenever any act or omission to act is a violation of any provision of this Code, or any amendment thereto, or any rule or regulation adopted thereunder, any person causing, securing, aiding or abetting such violation may be prosecuted and tried and, on conviction, shall be punished as if he or she had directly committed such violation.
[Code 1955, § 1-1.15.]
It is the legislative intent of the Council, in adopting this Code, that all provisions of this Code be liberally construed to protect and preserve the peace, health, safety and welfare of the inhabitants of the City, and should any provision of this Code or part thereof be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions, it being the intent that the remainder of this Code shall stand, notwithstanding the invalidity of any provision thereof.
The provisions of this section shall apply to every addition to this Code and 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 1955, § 1-1.5.]
This Code shall be amended by ordinance. The title of each such amendatory ordinance, adapted to the particular circumstances and purposes of the amendment, shall be substantially as follows:
[Ord. No. 531, §§ 1, 2.]
In case any bond heretofore or hereafter issued by the City shall become mutilated or be destroyed, stolen or lost, the City shall execute and deliver a new bond (with appropriate coupons attached in the case of coupon bonds) of like maturity and principal amount as the bond so mutilated, destroyed, stolen or lost. Such new bond shall be delivered in exchange and substitution for a mutilated bond, upon surrender and cancellation of such mutilated bond and attached coupons, if any, or in lieu of and substitution for a bond and the coupons thereof, if any, destroyed, stolen or lost, upon filing with the City Clerk evidence satisfactory to him that such bond and attached coupons, if any, have been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the City Clerk with indemnity satisfactory to him and paying such expenses as the City may incur in issuing such new bond.
In the instance a trustee is appointed for any bonds issued or to be issued by the City, such trustee shall act instead of and in place of the City Clerk in performing the duties and functions set forth in the preceding paragraph of this section.
Editor's Note: See also Charter Sections 9.12 and 9.13.
[Ord. No. 536]
The Police Department of the City shall be charged with the custody of such lost, stolen, abandoned or unclaimed personal property as may come into its possession, whether surrendered to the City or to any agent thereof, or recovered by any agent of the City, and shall dispose of the same as provided in this section.
Claim and recovery by owner. All such personal property in the custody of the Police Department of the City may be claimed and recovered by the rightful owner thereof, upon submitting satisfactory proof of ownership to the Police Department, and upon paying such costs and fees as may have been incurred and charged in the recovery and storage of such property.
Procedure for disposition of unclaimed property. All such personal property as shall remain in the custody of the Police Department for a period of 30 days, without being claimed by the rightful owner thereof, shall be disposed of as follows:
The person who surrendered such property to the City shall be given written notice to claim the same within 30 days from date of notice.
If such property shall have been recovered by an agent of the City, or if the person who surrendered the same to the City shall not make claim thereto as above provided, such property shall be disposed of as follows:
If the apparent value thereof shall exceed $10, the same shall be sold at public auction, with notice thereof to be posted in three conspicuous places in the City, and notice to be published in a newspaper of general circulation within the City, all such notices to be at least 10 days prior to the date of such sale.
If the apparent value thereof shall be less than $10, the same may be disposed of in any reasonable and feasible manner.
Records to be kept. The Police Department of the City shall keep a permanent record of all such property, the person surrendering the same to the City, the apparent value thereof and the disposition thereof.
Disposition of proceeds of sale. All proceeds from the sale of such personal property, less expenses, shall be deposited with the City Treasurer and shall be credited to the general fund.
Notices generally; when sales to be held. Notices required by this section may cover more than one item of personal property, and shall describe all such personal property as accurately as possible. Public sales pursuant hereto shall be held annually, or more often, if required.
Exceptions. The public auction provisions contained herein shall not apply to money, and none of the provisions herein contained shall apply to animals or motor vehicles.
Effect of section. Nothing herein contained shall be deemed to alter the legal relationship between the finder of personal property and the true owner thereof.
[Ord. No. 461; Ord. No. 597; Ord. No. 796; Ord. No. 1047, 4-1-1992; Ord. No. 1332, 3-21-2002; Ord. No. 1539, 1-6-2010]
The City shall consist of six wards, the boundaries and numbers of which are hereby established as shown on a map entitled "The Ward and Precinct Map of the City of Holland, Michigan, adopted January 6, 2010" which accompanies this ordinance and is made a part hereof, said ward boundaries being shown in solid, unbroken lines, and which follow the center lines of the streets designated by such boundaries, where applicable.
[Ord. No. 461; Ord. No. 511; Ord. No. 566; Ord. No. 597; Ord. No. 708; Ord. No. 796; Ord. No. 1047, 4-1-1992; Ord. No. 1332, 3-21-2002]
Each ward of the City is hereby divided into two or more voting precincts as shown and numbered on the map referred to in Section 1-16 of this Code by dotted lines, which lines follow the center lines of the streets designated. Ward 1, Precinct 2 follows the center line of said streets as designated. However, a portion of the north line of Ward 1, Precinct 2 begins 857.31 feet south of NW corner of Section 26, T5N, R15 west and continues due east to the west 1/8 line; thence north to the center of Black River; thence easterly and southeasterly to the north/south 1/4 line of Section 26; the same being the east boundary of City limits. The number of each precinct is in two parts and is arranged so that the left hand number, followed by a dash, designates the ward number, and the number following the dash designates the precinct number of that ward.