[HISTORY: Adopted by the Township Board of Trustees of the
Charter Township of Pittsfield as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
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:
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 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.
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."
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.
References to public acts are references to the Public Acts
of Michigan as amended.
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.
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.
A.
Nothing
in this Code or the ordinance adopting this Code, when not inconsistent
with this Code, shall affect any ordinance:
(1)
Affecting the boundaries of the Township;
(2)
Relating to any specific local improvement;
(3)
Authorizing, directing or ratifying any purchase or sale;
(4)
Authorizing or directing the issuance of any bonds or other evidence
of indebtedness;
(5)
Authorizing or directing the making of any investment;
(6)
Making or otherwise affecting any appropriations;
(7)
Levying or otherwise affecting any taxes, not inconsistent with this
Code;
(8)
Establishing the procedure or requirements for awarding franchises
or relating to franchises;
(9)
Regarding special districts;
(10)
Establishing or amending zoning or land use regulations, including
the Zoning Map or rezoning property;
(11)
Pertaining to personnel regulations;
(12)
Any temporary or special ordinances;
(13)
Any administrative ordinance;
B.
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.
A.
The
repeal of an ordinance shall not revive any ordinances in force before
or at the time the ordinance repealed took effect.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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:
(1)
Organize the ordinance material into appropriate subdivisions.
(2)
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.
(3)
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.
(4)
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]
(5)
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.
A.
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.
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, 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.
A.
Any ordinance adopted subsequent to April 12, 2017.
B.
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.
C.
Any ordinance or portion of any ordinance authorizing or approving
any contract, deed, or agreement.
D.
Any ordinance or portion of any ordinance granting any right or franchise.
E.
Any ordinance or portion of any ordinance making or approving any
appropriation or budget.
F.
Any ordinance or portion of any ordinance providing for salaries
or other employee benefits or personnel policies not codified in this
Code.
G.
Any ordinance or portion of any ordinance levying, imposing, or otherwise
relating to taxes not codified in this Code.
H.
Any ordinance or portion of any ordinance adopting or amending the
Township Master Plan.
I.
Any ordinance or portion of any ordinance dedicating, accepting,
or vacating any plat or subdivision.
J.
Any ordinance or portion of any ordinance dedicating, establishing,
naming, locating, relocating, opening, paving, widening, repairing,
or vacating any street, sidewalk, or alley.
K.
Any ordinance or portion of any ordinance establishing the grade
of any street or sidewalk.
L.
Any ordinance or portion of any ordinance levying or imposing any
special assessment.
M.
Any ordinance rezoning property.
N.
The Township's Zoning Ordinance and land use regulations, as
amended; and the Zoning Map.
O.
Any ordinance regarding special districts.
P.
Any ordinance or portion of any ordinance that is temporary although
general in effect.
Q.
Any ordinance or portion of any ordinance that is special although
permanent in effect.
R.
Any ordinance or portion of any ordinance the purpose of which has
been accomplished.
S.
Any Township ordinance (or portions thereof) not fully incorporated
or restated within this Code.
A.
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.
B.
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.
C.
Unconsolidated statutory references within the text of the Code shall
be clarified by the addition of the corresponding consolidated references.
A.
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.
B.
In addition, the changes, amendments or revisions as set forth in
Schedule A[1] 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.)
[1]
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.
