The ordinances embraced in this and the following chapters shall
constitute and be designated the "Code of Ordinances, Township of
Park, Ottawa County, Michigan," and may be so cited. Such ordinances
may also be cited as the "Park Township Code."
The following definitions and rules of construction shall apply
to this Code and to all ordinances and resolutions unless the context
requires otherwise:
Generally. When provisions conflict, the specific shall prevail
over the general. All provisions shall be liberally construed so that
the intent of the Township Board 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.
Any reference to any local, state or federal agency or officer
shall include any successor agency or officer.
An act or omission prohibited by law which is not a crime
and for which civil sanctions may be ordered.
The Code of Ordinances, Township of Park, Ottawa County, Michigan, as designated in Section 1-1.
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:
The term "and" indicates that all the connected terms, conditions,
provisions, or events apply.
The term "or" indicates that the connected terms, conditions,
provisions, or events apply singly or in any combination.
The term "either. . .or" indicates that the connected terms,
conditions, provisions or events apply singly but not in combination.
Ottawa County, Michigan.
An act or omission forbidden by law that is not designated
as a civil infraction and that is punishable, upon conviction, by
any one or more of the following:
A provision that authorizes or requires a Township officer
or Township employee to perform an act or make a decision authorizes
such officer or employee to act or make a decision through subordinates.
Words of one gender include the other gender.
The Ottawa County Health Department.
The director of the Ottawa County Health Department.
Includes any street, alley, highway, avenue, or public place
or square, bridge, viaduct, tunnel, underpass, overpass or causeway,
dedicated or devoted to public use.
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.
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.
States a prohibition.
The Michigan Compiled Laws, as amended, now or in the future,
or any successor statute.
A calendar month.
Is to be construed as being mandatory.
The singular includes the plural and the plural includes
the singular.
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."
References to officers, departments, boards, commissions,
or employees are to Township officers, Township departments, Township
Boards, Township commissions, and Township 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 whose name appears on the assessment roll for the purpose
of giving notice and billing.
Any individual, partnership, corporation, association, club,
joint venture, estate, trust, limited liability company, governmental
unit, and any other group or combination acting as a unit, and the
individuals constituting such group or unit.
Any property other than real property.
Next before and next after, respectively.
As applied to real property, includes lands and structures.
Real and personal property.
References to public acts are references to the Public Acts
of Michigan. (For example, a reference to Public Act No. 246 of 1945
is a reference to Act No. 246 of the Public Acts of Michigan of 1945.)
Any reference to a public act, whether by act number or by short title,
is a reference to the act as amended, now or in the future, or any
successor statute.
Includes lands, tenements and hereditaments.
That portion of a street improved, designed or ordinarily
used for vehicular traffic.
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.
Includes a mark when the person cannot write.
The State of Michigan.
Any street, alley, highway, avenue, or public place or square,
bridge, viaduct, tunnel, underpass, overpass or causeway, dedicated
or devoted to public use.
Includes the term "affirm."
The present tense includes the past and future tenses. The
future tense includes the present tense.
The Township of Park, Ottawa County, Michigan.
The governing body of Township of Park, Ottawa County, Michigan.
Seven consecutive days.
Includes any representation of words, letters, symbols or
figures.
Twelve consecutive months.
(a)Â
The catchlines of the several sections of this Code printed in boldface
type are intended as mere catchwords to indicate the contents of the
section and are not titles of such sections, or of any part of the
section, nor unless expressly so provided shall they be so deemed
when any such section, including the catchline, is amended or reenacted.
(b)Â
The history or source notes appearing in parentheses after sections
in this Code have no legal effect and only indicate legislative history.
State law references that appear in this Code after sections or subsections
or that otherwise appear in footnote form are provided for the convenience
of the user of the Code and have no legal effect.
(c)Â
Unless specified otherwise, all references to chapters or sections
are to chapters or sections of this Code.
(a)Â
Unless specifically provided otherwise, the repeal of a repealing
ordinance does not revive the ordinance originally repealed nor impair
the effect of any saving provision in it.
(b)Â
The repeal or amendment of an ordinance does not affect any punishment
or penalty incurred before the repeal took effect, nor does such repeal
or amendment affect any rights, privileges, suit, prosecution, or
proceeding pending at the time of the amendment or repeal.
(a)Â
All ordinances adopted subsequent to this Code that amend, repeal,
or in any way affect this Code may be numbered in accordance with
the numbering system of the Code and printed for inclusion in the
Code. Portions of this Code repealed by subsequent ordinances may
be excluded from this Code by omission from reprinted pages affected
thereby.
(b)Â
Amendments to provisions of this Code may be made with the following
language: "Section (chapter, article, division, or subdivision, as
appropriate) of the Code of Ordinances, Township of Park, Ottawa County,
Michigan, is hereby amended to read as follows:. . . ."
(c)Â
If a new section, subdivision, division, article, or chapter is to
be added to the Code, the following language may be used: "Section
(chapter, article, division or subdivision, as appropriate) of the
Code of Ordinances, Township of Park, Ottawa County, Michigan, is
hereby created to read as follows:. . . ."
(d)Â
All provisions desired to be repealed should be repealed specifically
by section, subdivision, division, article, or chapter number, as
appropriate, or by setting out the repealed provisions in full in
the repealing ordinance.
(a)Â
Supplements to this Code shall be prepared and printed whenever authorized
or directed by the Township. 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 the supplement shall be so numbered that
they will fit properly into the Code and will, where necessary, replace
pages that have become obsolete or partially obsolete. The new pages
shall be so prepared 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)Â
In preparing a supplement to this Code, all portions of the Code
that have been repealed shall be excluded from the Code by the omission
thereof from reprinted pages.
(c)Â
When preparing a supplement to this Code, the person authorized to
prepare the supplement may make formal, nonsubstantive changes in
ordinances included in the supplement, insofar as necessary to do
so in order to embody them into a unified code. For example, the person
may:
(1)Â
Arrange the material into appropriate organizational units.
(2)Â
Supply appropriate catchlines, headings, and titles for chapters,
articles, divisions, subdivisions, and sections to be included in
the Code and make changes in any such catchlines, headings, and titles
or in any such catchlines, headings, and titles already in the Code.
(3)Â
Assign appropriate numbers to chapters, articles, divisions, subdivisions,
and sections to be added to the Code.
(4)Â
Where necessary to accommodate new material, change existing numbers
assigned to chapters, articles, divisions, subdivisions, or sections.
(5)Â
Change the words "this ordinance" or similar words to "this chapter,"
"this article," "this division," "this subdivision," "this section,"
or "sections_____ to_____"(inserting section numbers to indicate the
sections of the Code that embody the substantive sections of the ordinance
incorporated in the Code).
(6)Â
Make other nonsubstantive changes necessary to preserve the original
meaning of the ordinances inserted in the Code.
If any provision of this Code or its application to any person
or circumstances is held invalid or unconstitutional, the invalidity
or unconstitutionality does not affect other provisions or application
of this Code that can be given effect without the invalid or unconstitutional
provision or application, and to this end the provisions of this Code
are severable. If any provision of this Code or its application to
any person or circumstance is held to be over broad, that provision
or application will nevertheless be enforced to the fullest extent
permitted by law.
The provisions of this Code, insofar as they are substantially
the same as legislation previously adopted by the Township relating
to the same subject matter, shall be construed as restatements and
continuations thereof and not as new enactments.
(a)Â
Nothing in this Code or the ordinance adopting this Code affects
any offense or act committed or done, any penalty or forfeiture incurred,
or any contract or right established before the effective date of
this Code.
(b)Â
The adoption of this Code does not authorize any use or the continuation
of any use of a structure or premises which was in violation of any
Township ordinance on the effective date of this Code.
(a)Â
Nothing in this Code or the ordinance adopting this Code affects
the validity of any ordinance or portion of any ordinance:
(1)Â
Promising or guaranteeing the payment of money or authorizing the
issuance of bonds or other instruments of indebtedness.
(2)Â
Authorizing or approving any contract, deed, or agreement.
(3)Â
Granting any right or franchise.
(4)Â
Making or approving any appropriation or budget.
(5)Â
Providing for the duties of Township officers or employees not codified
in this Code.
(6)Â
Providing for salaries or other employee benefits.
(7)Â
Adopting or amending a master plan.
(8)Â
Levying or imposing any special assessment.
(9)Â
Dedicating, establishing, naming, locating, relocating, opening,
paving, widening, repairing, or vacating any street, sidewalk, or
alley.
(10)Â
Establishing the grade of any street or sidewalk.
(11)Â
Dedicating, accepting, or vacating any plat or subdivision.
(12)Â
Not codified in this Code that levies, imposes, or otherwise
relates to taxes, exemptions from taxes and fees in lieu of taxes.
(13)Â
Pertaining to rezoning.
(14)Â
That is temporary, although general in effect.
(15)Â
That is special, although permanent in effect.
(16)Â
The purpose of which has been accomplished.
No board member, officer, agent or employee of the Township
shall render himself personally liable for any damage that may accrue
to any person as a result of any act, consequence or occurrence required
or permitted in the discharge of his duties pursuant to this Code.
(a)Â
In this section, the term "violation of this Code" means any of the
following:
(1)Â
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.
(2)Â
Failure to perform an act that is required to be performed by ordinance
or by rule or regulation authorized by ordinance.
(3)Â
Failure to perform an act if the failure is prohibited or is made
or declared unlawful, an offense, or a violation or by ordinance or
by rule or regulation authorized by ordinance.
(b)Â
Any provision of this Code that is made or declared to be a misdemeanor,
civil infraction or municipal civil infraction is a violation of this
Code.
(c)Â
In this section the term "violation of this Code" does not include
the failure of a Township officer or Township employee to perform
an official duty unless it is specifically provided that the failure
to perform the duty is to be punished as provided in this section.
(d)Â
Except as otherwise provided by law or ordinance, a person convicted
of a violation of this Code is a misdemeanor and 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.
(e)Â
Except as otherwise provided by law or ordinance, with respect to
violations of this Code 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.
(f)Â
The imposition of a penalty does not prevent suspension or revocation
of a license, permit or franchise or other administrative sanctions.
(g)Â
Violations of this Code that are intermittent or ongoing are a nuisance
per se and may be abated by injunctive or other equitable relief.
The imposition of a penalty does not prevent injunctive relief or
civil or quasijudicial enforcement.
(h)Â
All remedies available to the Township under this Code and state
law shall be deemed to be cumulative and not exclusive.
Any person who shall violate a provision of this Code or shall
to fail to comply with any of the requirements thereof, who is responsible
for a municipal civil infraction, subject to enforcement procedures
as set forth in the municipal civil infraction ordinance adopted by
the Township, and subject to a fine of $50, plus costs and other sanctions,
for each infraction. Each day during which any violation continues
after due notice has been served shall be deemed a separate and distinct
offense. Increased civil fines may be imposed for repeat violations;
a repeat violation means a second or subsequent municipal civil infraction
violation committed by a person within any twelve-month period and
for which a person admits responsibility or is determined to be responsible.
An increased civil fine for repeat violation shall be as follows:
