[Code 1974, § 11-1]
The ordinances embraced in this and the following chapters shall
constitute and be designated the "Code of Ordinances, Charter Township
of Meridian, Michigan," and may be so cited. Such ordinances may also
be cited as the "Charter Township of Meridian Code."
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State law reference: Authority to codify ordinances,
MCL 42.1, 42.20, 41.186.
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[Code 1974, §§ 12-1, 12-2]
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.
Code. The term "Code" means the Code of Ordinances, Charter Township of Meridian, Michigan, as designated in § 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)
"And" indicates that all the connected terms, conditions, provisions,
or events apply.
(2)
"Or" indicates that the connected terms, conditions, provisions,
or events apply singly or in any combination.
(3)
"Either . . . or" indicates that the connected terms, conditions,
provisions, or events apply singly but not in combination.
County. The term "county" means Ingham County,
Michigan.
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 all other genders.
Includes, including. The terms "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. The term "may" is to be construed as being
permissive and not mandatory.
May not. The term "may not" states a prohibition.
Month. The term "month" means a calendar month.
Number. The singular includes the plural, and the
plural includes the singular.
Oath, affirmation, sworn, affirmed. The term "oath"
includes an affirmation in all cases where an affirmation may be substituted
for an oath. In similar cases, the "sworn" includes the term "affirmed."
Officers, departments, etc. References to officers,
departments, board, commissions, or employees are to Township officers,
Township departments, Township Boards, Township commissions, and Township
employees.
Owner. The term "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 appears on the assessment
roll for the purpose of giving notice and billing.
Person. The term "person" means any individual,
partnership, corporation, association, club, joint venture, estate,
trust, governmental unit, and any other group or combination acting
as a unit, and the individuals constituting such group or unit.
Personal property. The term "personal property"
means any property other than real property.
Premises. The term "premises," as applied to real
property, includes land and structures.
Property. The term "property" means real and personal
property.
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 such act as amended.
Real property, real estate, land, lands. The term
"real property" includes land, tenements and hereditaments.
Shall. The term "shall" is to be construed as being
mandatory.
Sidewalk. The term "sidewalk" means 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.
Signature, subscription. The terms "signature"
and "subscription" include a mark when the person cannot write.
State. The term "state" means the State of Michigan.
Street, highway and alley. The terms "street,"
"highway" and "alley" mean the entire width subject to an easement
for a public right-of-way or owned in fee by the Township, county,
or state or every way or place of whatever nature whenever any part
thereof is open to the use of the public as a matter of right for
purposes of public travel. The term "alley" means any such way or
place providing a secondary means of ingress and egress from property.
Swear. The term "swear" includes affirm.
Tenses. The present tense includes the past and
future tenses. The future tense includes the present tense.
Township. The term "Township" means the Charter
Township of Meridian.
Township Board. The term "Township Board" means
the Township Board of Charter Township of Meridian, Michigan.
Township Manager. The term "Township Manager" means
that Township official having all of the functions of a Township superintendent
pursuant to Public Act No. 359 of 1947 (MCL § 42.1 et seq.).
Week. The term "week" means seven consecutive days.
Written. The term "written" includes any representation
of words, letters, symbols or figures.
Year. The term "year" means 12 consecutive months.
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State law reference: Definitions and rules of construction
applicable to state statutes, MCL 8.3 et seq.
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(a)
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)
The history or source notes appearing after sections in this Code
have no legal effect and only indicate legislative history. Editor's
notes 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)
Unless specified otherwise, all references to chapters or sections
are to chapters or sections of this Code.
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State law reference: Catchlines in state statutes,
MCL 8.4b.
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(a)
Unless specifically provided otherwise, the repeal of a repealing
ordinance does not revive any repealed ordinance.
(b)
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 suit, prosecution or proceeding pending at
the time of the amendment or repeal.
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State law reference: Effect of repeal of state
statutes, MCL 8.4 et seq.
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[Code 1974, § 14-1]
(a)
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)
Amendments to provisions of this Code may be made with the following
language: "Section (chapter, article, division or subdivision, as
appropriate) of the Charter Township of Meridian Code is hereby amended
to read as follows: . . . ."
(c)
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
Charter Township of Meridian Code is hereby created to read as follows:
. . . ."
(d)
All provisions desired to be repealed should be repealed specially
by section, subdivision, division, article, or chapter number, as
appropriate, or by setting out the repealed provisions in full in
the repealing ordinance.
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State law reference: Ordinance adoption procedures,
MCL 42.20, 46.22.
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[Code 1974, § 16-1]
It shall be unlawful for any person with intent of misrepresenting
the law of the Township to change or amend by additions or deletions
any portion of this Code, or to insert or delete portions of this
Code or to alter or tamper with this Code.
(a)
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 this Code. The pages of the supplement shall be so numbered that
they will fit properly into this 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, this Code
will be current through the date of the adoption of the latest ordinance
included in the supplement.
(b)
In preparing a supplement to this Code, all portions of this Code
that have been repealed shall be excluded from this Code by the omission
thereof from reprinted pages.
(c)
When preparing a supplement to this Code, the person authorized to
prepare the supplement may make formal, nonsubstantive changes in
ordinances and parts of 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)
Arrange the material into appropriate organizational units.
(2)
Supply appropriate catchlines, headings, and titles for chapters,
articles, divisions, subdivisions, and sections to be included in
this Code and make changes in any such catchlines, headings and titles
or in any such catchlines, headings and titles already in this Code.
(3)
Assign appropriate numbers to chapters, articles, divisions, subdivisions,
and sections to be added to this Code.
(4)
Where necessary to accommodate new material, change existing numbers
assigned to chapters, articles, divisions, subdivisions, or sections.
(5)
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 this Code that embody the substantive sections of
the ordinance incorporated in this Code).
(6)
Make other nonsubstantive changes necessary to preserve the original
meaning of the ordinances inserted in this Code.
[Code 1974, §§ 15-1, 124-6, 125-11]
(a)
"Violation of this Code" defined. In this section "violation of this
Code" means any of the following:
(1)
Doing an act that is prohibited or made or declared unlawful, an
offense, a violation, a civil infraction, a municipal civil infraction,
or a misdemeanor by ordinance or by rule or regulation authorized
by ordinance.
(2)
Failure to perform an act that is required to be performed by ordinance
or by rule or regulation authorized by ordinance.
(3)
Failure to perform an act if the failure is prohibited or is made
or declared unlawful, an offense, a violation, civil infraction, a
municipal civil infraction or a misdemeanor by ordinance or by rule
or regulation authorized by ordinance.
(b)
Failure to perform duties excluded. 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.
(c)
Municipal civil infractions. Except as otherwise provided by law
or ordinance, violations of this Code are municipal civil infractions.
Any violation of this Code that is declared a misdemeanor is not a
municipal civil infraction. Any person who is found responsible or
admits responsibility for a municipal civil infraction shall be subject
to a civil fine and costs. The following provisions apply to municipal
civil infractions in the absence of provisions to the contrary:
(1)
The civil fine for a municipal civil infraction shall be $75 for
each infraction.
(2)
Increased civil fines shall be imposed for repeated violations by
a person of any requirement or provision of any ordinance. As used
in this subsection, the term "repeat offense" means a second (or any
subsequent) municipal civil infraction violation of the same requirement
or provision committed by a person within any six-month period for
which the person admits responsibility or is determined to be responsible.
The increased fine for a repeat offense shall be as follows:
(3)
The judge or district court magistrate shall summarily tax and determine
the costs of the action, which are not limited to the costs taxable
in an ordinary civil action and may include all expenses, direct or
indirect, to which the plaintiff has been put in connection with the
municipal civil infraction, up to the entry of judgement. However,
in no case shall costs of less than $9 or more than $500 be ordered.
(e)
Fines and imprisonment. A person convicted of a violation of this
Code that is a misdemeanor shall be punished by a fine not to exceed
$500 or by imprisonment for a period of not more than 90 days, or
by both such fine and imprisonment; provided, however, that a violation
of this Code is punishable by imprisonment for not more than 93 days
or a fine of not more than $500, or both, if the violation substantially
corresponds to a violation of state law that is a misdemeanor for
which the maximum period of imprisonment is 93 days. A person convicted
of a violation of this Code that is a misdemeanor shall be responsible
for costs.
(f)
Continuing violations; separate offenses. Except as otherwise provided
by law or ordinance:
(g)
Application to licenses, permits, or franchises. The imposition of
a penalty does not prevent suspension or revocation of a license,
permit, or franchise or other administrative sanctions.
(h)
Abatement by injunctive or equitable relief. Violations of this Code
that are continuous with respect to time are a public nuisance and
may be abated by injunctive or other equitable relief. The imposition
of a penalty does not prevent injunctive relief or civil or quasi-judicial
enforcement.
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State law reference: Penalty for ordinance violations,
MCL 42.21.
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[Code 1974, § 31-1]
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 applications
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.
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State law reference: Severability of state statutes,
MCL 8.5.
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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.
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State law reference: Similar provisions as to state
statutes, MCL 8.3u.
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(a)
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)
The adoption of this Code does not authorize any use or the continuation
of any use of a structure or premises in violation of any Township
ordinance on the effective date of this Code.
(a)
Nothing in this Code or the ordinance adopting this Code affects
the validity of any of ordinance or portion of an ordinance listed
below. Such ordinances or portions of ordinances continue in full
force and effect to the same extent as if published at length in this
Code.
(1)
Annexing property into the Township or describing the corporate limits.
(2)
Deannexing property or excluding property from the Township.
(3)
Promising or guaranteeing the payment of money or authorizing the
issuance of bonds or other instruments of indebtedness.
(4)
Authorizing or approving any contract, deed, or agreement.
(5)
Making or approving any appropriation or budget.
(6)
Providing for salaries or other employee benefits not codified in
this Code.
(7)
Granting any right or franchise.
(8)
Adopting or amending the comprehensive plan.
(9)
Levying or imposing any special assessment.
(10)
Dedicating, establishing, naming, locating, relocating, opening,
paving, widening, repairing or vacating any street, sidewalk, or alley.
(11)
Establishing the grade of any street or sidewalk.
(12)
Dedicating, accepting or vacating any plat or subdivision.
(13)
Levying, imposing or otherwise relating to taxes.
(14)
Granting a tax exemption for specific property.
(15)
Rezoning property or amending the Zoning Map.
(16)
That is temporary, although general in effect.
(17)
That is special, although permanent in effect.
(18)
The purpose of which has been accomplished.
