[HISTORY: Adopted by the Township Board of Trustees of the Charter Township of Pittsfield as indicated in article histories. Amendments noted where applicable.]
Municipal civil infractions — See Ch. 1, Art. V.
[Adopted 2-25-2015 by Ord. No. 317 as Ch. 1 of the 2015 Pittsfield Charter Township Code]
The ordinances embraced in the following chapters and sections shall constitute and be designated the "Pittsfield Charter Township Code."
It is the legislative intent of the Township Board of Trustees, in adopting this Code, that all provisions and sections of this Code be liberally construed to protect and preserve the peace, health, safety and welfare of the inhabitants of the Township. In the construction of this Code and any amendment to this Code, the following rules shall be observed, unless the context clearly indicates otherwise:
- AND; OR
- Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and" or "or," the conjunction shall be interpreted as follows:
- The Pittsfield Charter Township Code as designated in §§ 1-1 and 1-13.[Amended 9-13-2017 by Ord. No. 328]
- COMPUTATION OF TIME
- 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 by excluding the first day and including the last, except that if the last day be a Sunday or a legal holiday it shall be excluded; and when the time is expressed in hours, the whole of a Sunday or a legal holiday, from midnight to midnight, shall be excluded.
- The County of Washtenaw in the State of Michigan.
- A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, corporations, companies, units of government, trusts, estates, joint ventures and other legal entities, as well as to males.
- The abbreviations "MCL" refers to the Michigan Compiled Laws as amended.
- A word importing the singular number only may extend and be applied to several persons and things as well as to one person or thing.
- OATH, AFFIRMATION, SWORN, AFFIRMED
- The term "oath" shall be construed to include the term "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the term "sworn" shall be construed to include the term "affirmed."
- OFFICER, DEPARTMENT OR OTHER AGENCY
- Whenever any officer, department or other agency is referred to by title only, such reference shall be construed as if followed by the words "of the Charter Township of Pittsfield, Washtenaw County, Michigan." Whenever, by the provisions of this Code, any officer of the Township is assigned any duty or empowered to perform any act or duty, reference to such officer shall mean and include such officer or his deputy or authorized subordinate. Whenever in accordance with the provisions of this Code or any ordinance of the Township, any specific act is required to be done by any designated officer or official of the Township, such act may be performed by any Township employee duly authorized to perform that act by such officer or official.
- Includes firms, joint ventures, partnerships, corporations, companies, estates, trusts, units of government, clubs and all associations or organizations of natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof.
- PUBLIC ACTS
- References to public acts are references to the Public Acts of Michigan as amended.
- SHALL; MAY
- The term "shall" is mandatory, and the term "may" is permissive.
- The term "the state" or "this state" shall be construed to mean the State of Michigan.
- Words used in the present or past tense include the future as well as the present and past.
- The Charter Township of Pittsfield in Washtenaw County, Michigan.
- TOWNSHIP BOARD OF TRUSTEES
- The Township Board of Trustees of Pittsfield Charter Township, Washtenaw County, Michigan.
- Shall be construed to mean seven days.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be the titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. No provision of this Code shall be held invalid by reason of deficiency in any such catchline or in any heading or title to any chapter, part or article.
[Amended 9-13-2017 by Ord. No. 328]
The history notes appearing at the chapter, article, section or subsection level of this Code are not intended to have any legal effect, but are merely intended to indicate the source of matter contained in the chapter, article, section or subsection.
Nothing in this Code or the ordinance adopting this Code, when not inconsistent with this Code, shall affect any ordinance:
Affecting the boundaries of the Township;
Relating to any specific local improvement;
Authorizing, directing or ratifying any purchase or sale;
Authorizing or directing the issuance of any bonds or other evidence of indebtedness;
Authorizing or directing the making of any investment;
Making or otherwise affecting any appropriations;
Levying or otherwise affecting any taxes, not inconsistent with this Code;
Establishing the procedure or requirements for awarding franchises or relating to franchises;
Regarding special districts;
Establishing or amending zoning or land use regulations, including the Zoning Map or rezoning property;
Pertaining to personnel regulations;
Any temporary or special ordinances;
Any administrative ordinance;
And all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the office of the Township Clerk. No offense committed or penalty incurred or any right established prior to the adoption date of the Code shall be affected.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, or any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.
Should any provision or section of this Code be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions or sections, it being the intent of the Township Board of Trustees that this Code shall stand, notwithstanding the invalidity of any of its provisions or sections. The provisions of this section shall apply to the amendment of any section of this Code, whether or not the wording of this section is set forth in the amendatory ordinance.
Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section __________ of the Pittsfield Charter Township Code, Charter Township of Pittsfield, Washtenaw County, Michigan (or Pittsfield Charter Township Code), is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as desired.
If a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Pittsfield Charter Township Code is hereby amended by adding a section, to be numbered __________, which section reads as follows: . . . ." The new section shall then be set out in full as desired.
By contract or by Township personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the Township Board of Trustees. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made by the supplement in the Code. The pages of a supplement shall be so numbered that they will fit properly in the Code and will, where necessary, replace pages that have become obsolete or partially obsolete; and 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.
In preparing a supplement to this Code, all portions of this Code that have been repealed shall be excluded from the Code by their omission from reprinted pages.
When preparing a supplement to this Code, the codifier (meaning the person authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:
Organize the ordinance material into appropriate subdivisions.
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles.
Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers.
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this Part," etc., as the case may be, or to "sections __________ to __________" (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated into the Code).
[Amended 9-13-2017 by Ord. No. 328]
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
It shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of this Code, or to insert or delete pages or portions of pages, or to alter or tamper with such Code in any manner whatsoever that will cause the Code to be misrepresented. Any person violating this section shall be punished as provided in § 1-12.
No officer, agent, employee or member of the Township Board of Trustees shall render himself personally liable for any damage that may accrue to any person as a result of any act, decision or other consequence or occurrence arising out of the discharge of his duties or responsibilities pursuant to this Code.
Unless another penalty is expressly provided by this Code for any particular provision or section, every person convicted of a violation of any provision of this Code, or any rule or regulation adopted or issued pursuant to this Code, shall be punished by a fine of not more than $500 and costs of prosecution, or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment. Each act of violation and every day upon which any such violation shall occur shall constitute a new and separate offense.
[Adopted 9-13-2017 by Ord. No. 328]
The ordinances of the Charter Township of Pittsfield of a general and permanent nature adopted by the Township Board of Trustees of the Charter Township of Pittsfield, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 39, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Charter Township of Pittsfield, 2017" hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force. This ordinance specifically repeals the 2015 Code of the Charter Township of Pittsfield, adopted February 25, 2015, by Ordinance No. 317.
This ordinance shall become effective upon publication after adoption.
A copy of the Code in loose-leaf form has been filed in the office of the Township Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Charter Township of Pittsfield by impressing thereon the Seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Township Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Charter Township of Pittsfield" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as amendments and supplements thereto.
The Clerk of the Charter Township of Pittsfield, pursuant to law, shall cause to be published, in the manner required, a copy of this Adopting Ordinance in a newspaper of general circulation in the Township. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Township Board of Trustees, or may be furnished electronically. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Charter Township of Pittsfield to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, or both.
This Code and the various parts, sections, subsections, paragraphs, sentences, phrases, and clauses thereof are hereby declared to be severable. If any part, section, subsection, paragraph, sentence, phrase, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, it is hereby provided that the remainder of this Code shall not be affected thereby and shall remain in effect and valid.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
This Code shall be deemed to repeal, supersede, and replace the prior ordinances of the Township that are incorporated into this Code, except those ordinances saved from repeal by this Adopting Ordinance. In addition, all other ordinances and parts thereof which are in conflict in whole or in part with any of the provisions of this Code are repealed as of the effective date of this Code, but only to the extent of any such conflict.
The provisions of this Code, insofar as they are substantially the same as ordinances previously adopted by the Township relating to the same subject matter, including those ordinances adopted prior to Ordinance No. 317, shall be construed as restatements and continuations thereof and not as entirely new enactments.
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.
The adoption of this Code does not authorize any use or the continuation of any use of a structure, building, or premises in violation of any Township ordinance on the effective date of this Code.
The adoption of this Code and the repeal of ordinances provided for in § 1-24 of this ordinance shall not affect the validity of following ordinances, rights and obligations, which are hereby expressly saved from repeal. The ordinances or portions of ordinances designated below continue in full force and effect to the same extent as if published at length in this Code.
Any ordinance adopted subsequent to April 12, 2017.
Any ordinance or portion of any ordinance promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.
Any ordinance or portion of any ordinance authorizing or approving any contract, deed, or agreement.
Any ordinance or portion of any ordinance granting any right or franchise.
Any ordinance or portion of any ordinance making or approving any appropriation or budget.
Any ordinance or portion of any ordinance providing for salaries or other employee benefits or personnel policies not codified in this Code.
Any ordinance or portion of any ordinance levying, imposing, or otherwise relating to taxes not codified in this Code.
Any ordinance or portion of any ordinance adopting or amending the Township Master Plan.
Any ordinance or portion of any ordinance dedicating, accepting, or vacating any plat or subdivision.
Any ordinance or portion of any ordinance dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing, or vacating any street, sidewalk, or alley.
Any ordinance or portion of any ordinance establishing the grade of any street or sidewalk.
Any ordinance or portion of any ordinance levying or imposing any special assessment.
Any ordinance rezoning property.
The Township's Zoning Ordinance and land use regulations, as amended; and the Zoning Map.
Any ordinance regarding special districts.
Any ordinance or portion of any ordinance that is temporary although general in effect.
Any ordinance or portion of any ordinance that is special although permanent in effect.
Any ordinance or portion of any ordinance the purpose of which has been accomplished.
Any Township ordinance (or portions thereof) not fully incorporated or restated within this Code.
Throughout the Code, a reference to "Michigan Compiled Laws" shall include all sections of law, as last amended, which are assigned a compilation number by the legislative service bureau and are not subsequently repealed.
Unless otherwise specifically provided, a reference to all or part of a statute, regardless of whether the words "as amended" are used in the reference, shall include the latest amendments to the statute or part.
Unconsolidated statutory references within the text of the Code shall be clarified by the addition of the corresponding consolidated references.
In compiling and preparing the ordinances for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Township Board of Trustees that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: In accordance with § 1-29B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 9-13-2017 by Ord. No. 328." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
This ordinance shall be published in the manner as required by law. Except as otherwise provided by law, this ordinance shall be effective on the day after final publication.