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.
AGENCIES, OFFICERS
Any reference to any local, state or federal agency or officer
shall include any successor agency or officer.
CIVIL INFRACTION
An act or omission prohibited by law which is not a crime
and for which civil sanctions may be ordered.
CODE
The Code of Ordinances, Township of Park, Ottawa County, Michigan, as designated in Section
1-1.
COMPUTATION OF TIME
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.
CONJUNCTIONS
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:
(1)
The term "and" indicates that all the connected terms, conditions,
provisions, or events apply.
(2)
The term "or" indicates that the connected terms, conditions,
provisions, or events apply singly or in any combination.
(3)
The term "either. . .or" indicates that the connected terms,
conditions, provisions or events apply singly but not in combination.
COUNTY
Ottawa County, Michigan.
CRIME
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:
(2)
A fine not designated as a civil fine.
DELEGATION OF AUTHORITY
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.
GENDER
Words of one gender include the other gender.
HIGHWAY
Includes any street, alley, highway, avenue, or public place
or square, bridge, viaduct, tunnel, underpass, overpass or causeway,
dedicated or devoted to public use.
INCLUDES and INCLUDING
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.
JOINT AUTHORITY
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.
MAY
Is to be construed as being permissive and not mandatory.
MCL
The Michigan Compiled Laws, as amended, now or in the future,
or any successor statute.
MUST
Is to be construed as being mandatory.
NUMBER
The singular includes the plural and the plural includes
the singular.
OATH, AFFIRMATION, SWORN, AFFIRMED
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."
OFFICERS, DEPARTMENTS, ETC.
References to officers, departments, boards, commissions,
or employees are to Township officers, Township departments, Township
Boards, Township commissions, and Township employees.
OWNER
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.
PERSON
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.
PREMISES
As applied to real property, includes lands and structures.
PUBLIC ACTS
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.
ROADWAY
That portion of a street improved, designed or ordinarily
used for vehicular traffic.
SHALL
Is to be construed as being mandatory.
SIDEWALK
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.
STATE
The State of Michigan.
STREET
Any street, alley, highway, avenue, or public place or square,
bridge, viaduct, tunnel, underpass, overpass or causeway, dedicated
or devoted to public use.
SWEAR
Includes the term "affirm."
TENSE
The present tense includes the past and future tenses. The
future tense includes the present tense.
TOWNSHIP
The Township of Park, Ottawa County, Michigan.
WEEK
Seven consecutive days.
WRITTEN
Includes any representation of words, letters, symbols or
figures.
YEAR
Twelve consecutive months.
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.
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.
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:
(1) The fine for any offense which is a first repeat offense shall be
$250, plus costs and other sanctions;
(2) The fine for any offense which is a second repeat offense or any
subsequent repeat offense shall be $500, plus costs and other sanctions.