This Charter shall constitute the basic law of the City of Holland,
subject only to the constitution and general laws of the State of
Michigan and of the United States of America.
All ordinances, resolutions, rules, and regulations of the City
of Holland, which are not inconsistent with the provisions of this
Charter and which are in force and effect on the effective date of
this Charter shall continue in full force and effect until repealed
or amended.
All legislation of the City of Holland, other than this Charter,
shall be by resolution or by ordinance. The word "resolution" as used
in this Charter shall be the official action of the council in the
form of a resolution or a motion, which does not constitute an ordinance
or a step in the adoption of an ordinance and such action shall be
limited to matters required or permitted to be done by resolution
by this Charter or by state or federal law and to matters pertaining
to the internal affairs or concerns of the city government. All other
acts of the council, and all acts carrying a penalty for the violation
thereof, shall be by ordinance.
Each ordinance shall be identified by a number and a short title.
Each proposed ordinance shall be introduced in written or printed
form. The style of all ordinances passed by the council shall be,
"The City of Holland Ordains:". Except in the case of any ordinance
which the council, with the approval of not less than six of its members,
has voted to be an emergency ordinance, no ordinance shall be finally
passed by the council until at least two weeks have elapsed following
the introduction thereof. Any ordinance of the city may be repealed
by reference to its number and title. The section or sections of any
ordinance which is revised, altered, or amended shall be reenacted,
and published at length. All ordinances, when enacted, shall be immediately
recorded by the clerk in a book to be called "The Ordinance Book";
and it shall be the duty of the mayor and clerk to authenticate such
record by their official signatures thereon.
Each ordinance passed by the council shall be published at least
once after its adoption by the council before it shall become operative.
The date upon which an ordinance shall become operative shall be specifically
provided in the ordinance itself. When the ordinance imposes a penalty,
unless such ordinance be declared to be an emergency ordinance by
the council, such operative date shall not be less than 21 days from
the date of its passage. Publication of any ordinance as required
herein may be accomplished by publication of such ordinance, after
its final passage, as a part of the published proceedings of the council.
[Amend. of 11-2-1999]
Each person who violates any provision of this Charter shall
be subject to punishment by fine or imprisonment, or by both fine
and imprisonment, in the sound discretion of the court having jurisdiction.
The council may provide in ordinances passed by it for the punishment
of violations of the provisions thereof by fine or imprisonment, or
by both fine and imprisonment. No punishment for the violation of
any city ordinance, any provisions of this Charter, or for the commission
by any officer of the city of any act declared by this Charter to
constitute misconduct in office, shall exceed the maximum penalty
provided by state statute, MCL 117.4i; MSA 5.2082, as may be amended
from time to time, and as the council in compliance therewith may
so provide in ordinances that it passes.
Prosecution for violations of the ordinances of the city shall
be commenced within two years after the commission of the offense.
Except as the same may be inconsistent with or otherwise provided in chapter
7 of this Charter, all proceedings relative to the arrest, custody, and trial of persons accused of violation of the provisions of the laws and ordinances of the city, shall be governed by, and conform to, as nearly as may be, the provisions of law relating to the proceedings in criminal cases cognizable by justices of the peace.
The council may adopt, as a city ordinance, any provision of
state law or any detailed technical code or set of regulations which
has been promulgated by the State of Michigan, or by the [any] department,
board, or agency thereof, or by any organization or association which
is organized and conducted for the purpose of developing any such
code or set of regulations, by reference thereto in an adopting ordinance
and without publishing such technical code or set of regulations in
full; provided, that such code or set of regulations is fully identified
in said ordinance and that the purpose of said code or set of regulations
shall be published with the adopting ordinance and that printed copies
thereof are kept in the office of the clerk, available for distribution
to the public at all times. Such publication shall contain notice
to the effect that a complete copy of said code or set of regulations
is available for public use and inspection in the office of the clerk.