[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.
The word "Council" or the words "City Council" mean the legislative
body of the City of Holland, Michigan.
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.
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.
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.
The words "preceding" and "following" mean next before and
next after, respectively.
The word "property" shall include real estate and personal
property.
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.
The word "shall" means imperative or mandatory; the word
"may" means permissive.
The words "signature" and "subscription" include a mark when
the person cannot write.
The word "state" means State of Michigan.
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.
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.
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:
(a)
By delivering the notice to the owner personally or by leaving the
same at his or her residence, office or place of business with some
person of suitable age and discretion; or
(b)
By mailing such notice by registered mail to such owner at his or
her last known address; or
(c)
By posting such notice in some conspicuous place on the premises;
or
(d)
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
or her 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]
(a)
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.
(b)
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; 7-21-2021 by Ord. No. 1798]
(a)
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.
(b)
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.
(c)
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).
(d)
The enforcing officers under the provisions of Chapters 3, 4, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 21, 21A, 22, 24, 25, 26, 27, 29, 30, 31, 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:
(a)
To amend any section:
|
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF HOLLAND, MICHIGAN,
BEING ORDINANCE NO. _____, OF THE CITY OF HOLLAND, BY AMENDING SECTION
_____ (OR SECTIONS _____ AND _____) OF SAID CODE.
|
(b)
To insert a new section, article or chapter:
|
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF HOLLAND, MICHIGAN,
BEING ORDINANCE NO. _____ OF THE CITY OF HOLLAND, BY ADDING A NEW
SECTION (_____ NEW SECTIONS, A NEW ARTICLE, OR A NEW CHAPTER, AS THE
CASE MAY BE) WHICH NEW SECTION (SECTIONS, ARTICLE, OR CHAPTER) SHALL
BE DESIGNATED AS SECTION _____ (SECTIONS _____ AND _____) (OR PROPER
DESIGNATION IF AN ARTICLE OR CHAPTER IS ADDED) OF SAID CODE.
|
(c)
To repeal a section, article or chapter:
|
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF HOLLAND, MICHIGAN,
BEING ORDINANCE NO. _____, OF THE CITY OF HOLLAND, BY REPEALING SECTION
_____ (SECTIONS _____ AND _____) (OR ARTICLE _____ OR CHAPTER _____)
OF SAID CODE.
|
[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 or her 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 or her 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.
[1]
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.
(a)
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.
(b)
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:
(1)
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.
(2)
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:
a.
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.
b.
If the apparent value thereof shall be less than $10, the same may
be disposed of in any reasonable and feasible manner.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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; 3-2-2022 by Ord. No. 1813]
(a)
The City shall consist of six wards, the boundaries and numbers of
which and the precincts in each ward are hereby established as shown
on the following map entitled "The Ward and Precinct Map of the City
of Holland, Michigan":
 |
(b)
The ward and precinct boundaries are shown in solid, unbroken lines
(dark red for wards, bright red for precincts) and follow the center
lines of the streets designated by such boundaries, where applicable.
They are more fully described as follows:
1.
First ward. The first ward shall embrace and include all that portion
of the City of Holland lying east of the center line of US Highway
31 and north of the center line of 32nd Street.
2.
Second ward. The second ward shall embrace and include all that portion
of the City of Holland beginning at the boundary with Lake Macatawa
on the east side of the center line of Dock Street, continuing on
the south/southeast of the center line of West 8th Street to Van Raalte
Ave, then continuing on the east side of Van Raalte Ave to West 14th
Street, then continuing on the north side of West 14th Street to River
Avenue, then continuing on the east side of River Avenue to 16th Street,
then continuing east on the north side of 16th Street to the City's
boundary which is also marked by the C & O Railroad line, then
continuing north on the west side of the City boundary to 8th Street,
continuing along the northwest side of Chicago Drive and around the
north side of Windmill Island, then following the City's northern
border with Lake Macatawa.
3.
Third ward. The third ward shall embrace and include all that portion
of the City of Holland beginning at the City's northern limit
with Lake Macatawa and lying west/southwest of Dock Street, then continuing
east of the center line of Graafschap Road up to the center line of
24th Street until it meets the center line of Michigan Avenue, continuing
north/northeast and including the area west of the center line of
River Avenue, then continuing west along the center line of 14th Street
and including the area south of that center line, continuing north
along the center line of Van Raalte Avenue including the area west
of that center line, continuing along the center line of 8th Street
and including the area west/northwest of that center line until Dock
Street, and including the area to the west of the center line of Dock
Street until it meets the northern City limit with Lake Macatawa.
4.
Fourth ward. The fourth ward shall embrace and include all that portion
of the City which lies west of the center line of Graafschap Road,
and also that portion of the City boundary of Graafschap Road from
Crestview Street to 40th Street, then including that part of the City
north of the center line of 40th Street until the center line of Pine
Avenue and including the portion of the City west of Pine Avenue,
following the south side of the center line of 27th Street, then including
the area north/northwest of Michigan Avenue up to the center line
of 24th Street and including the area south of 24th Street until it
reaches Graafschap Road.
5.
Fifth ward. The fifth ward shall embrace and include that portion
of the City lying south of the center line of 32nd Street from the
eastern City limit to Pine Avenue, then continuing south along the
center line of Pine Avenue to 40th Street, continuing west along the
center line of 40th Street to the western City limit.
6.
Sixth ward. The sixth ward shall embrace and include that portion
of the City lying west of US Highway 31 from 32nd Steet to 16th Street,
including the area south of the center line of 16th Street until the
center line of River Avenue, including the area east of the center
line of River Avenue and Michigan Avenue to the center line of 27th
Street, including the area north of the center line of 27th Street
to Pine Avenue, and the area east of the center line of Pine Avenue
to 32nd Street, then including the area north of the center line of
32nd Street to the east until it meets with US Highway 31.
(c)
The polling places shall be determined by the City Clerk from time
to time. A list of current polling places shall be kept by the City
Clerk and made available to the public.
[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; 3-2-2022 by Ord. No. 1813]
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, which lines follow the center lines of the designated streets or ward boundaries. 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.
