City of New Buffalo, MI General Provisions

The ordinances embraced in this chapter and the following chapters and sections shall constitute and be designated "The Code of the City of New Buffalo, Michigan" and may be so cited. The Code may also be cited as "New Buffalo City Code," or the "Code of Ordinances."

Section 1-2 Definitions and rules of construction.

In the construction of this Code, and other ordinances of the City, the following rules shall be observed, unless such interpretation and construction would be inconsistent with the manifest intent of the City Council:

Charter. The Charter of the City of New Buffalo.

City. The City of New Buffalo.

City Council. The word "Council" or the words "City Council" mean the legislative body of the City of New Buffalo.

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 as prescribed by state statute.

County. The word "County" means the County of Berrien.

Gender. Words importing masculine gender shall apply to females and to firms, associations, partnerships, and corporations.

Joint authority. All words purporting to give joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise expressly declared in the Code, section, ordinance, or resolution granting the authority.

Month. The word "month" shall be construed to mean a calendar month.

Number. Words in either the singular or the plural numbers shall include either or both numbers and may apply in any instance to a particular person or persons.

Oath; Affirmation; Sworn; Affirmed. The word "oath" shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases, the word "sworn" shall be construed to include the word "affirmed."

Officers. The several officers' titles mean such officers of the City.

Owner. The word "owner" applied to a building or land, shall include any part owner, land contract vendee, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

Person. The word "person" includes firms, joint adventures, partnerships, corporations, 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.

Preceding; Following. The words "preceding" and "following" mean next before and next after, respectively.

Property. The word "property" shall include real and personal property.

Public Place. The words "public place" means any street, alley, park, cemetery, public building, any place of business or assembly, parking lot, parking area, or any other premises open to the public or frequented by the public.

Seal. In all cases in which the seal of any court or public office shall be required to be affixed to any paper issuing from such court or office, the word "seal" shall be construed to mean the impression of such seal on such paper alone, as well as the impression of such seal affixed thereto by means of a wafer or wax.

Shall; May. The word "shall" means imperative or mandatory; the word "may" means permissive.

Signature; subscription. The words "signature" and "subscription" include a mark when the person cannot write.

State. The word "state" means the State of Michigan.

Sundays; Legal Holidays. Whenever any act required to be done pursuant to the provisions of this Code or any ordinance falls on a Sunday or legal holiday, that act shall be performed on the next succeeding business day.

Tense. Words used in the present or past tense shall be construed as including the future as well as the present or past.

Time. Whenever time is referred to, it means Eastern Standard Time or Eastern Daylight Savings Time of the time officially in force in the City.

Week. The word "week" shall be construed to mean seven days.

Written; In Writing. The words "written" or "in writing" may include any form or reproduction or expression of language.

Year. The word "year" shall be construed to mean a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord."

Section 1-3 Catchlines.

The key words used as catch lines for chapters, articles, divisions, sections and subsections are inserted for convenience and to facilitate the use of the same. Such words shall not be construed to limit or effect the meaning of any of the provisions of this Code.

Section 1-4 Effect of repeal.

The repeal of any provision of this Code or any ordinance, or part thereof, shall not release or relinquish any penalty, forfeiture, or liability incurred under such provision of this Code, ordinance, or any part thereof, unless the repealing ordinance shall so expressly provide, and such provision of this Code, ordinance, or any part thereof shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.

Whenever any provision of this Code or any ordinance, or any part thereof, is repealed by a subsequent ordinance, such provision of this Code, ordinance, or any part thereof so repealed shall not be revived by the repeal of such subsequent repealing ordinance.

Section 1-5 Severability of Code.

If any part of this Code or the application thereof to any person or circumstance shall be found to be invalid by any court, such invalidity shall not effect the remaining parts or applications of this Code which can be given effect without the invalid part or application; provided, that such remaining parts are not determined by the court to be inoperable, and to this end this Code is declared to be severable.

Section 1-6 Violations as municipal civil infractions; penalties.

Whenever in this Code or in any other ordinance of the City, any act is prohibited or is made or declared to be unlawful, an offense, or a municipal civil infraction, or the doing of any act is required or the failure to do any act is declared to be unlawful, an offense, or a municipal civil infraction, the violation of any provision of this Code or any other ordinance of the City shall be punished by a fine not exceeding $50 for a first offense. A second offense, where no specific penalty is provided therefor, of same shall be punishable by a fine not exceeding $150, and a third or subsequent offense, where no specific penalty is provided therefor, shall be punishable by a fine not exceeding $500.

Should any fine for a municipal civil infraction not be paid within the required time period, or should any municipal civil infraction not be resolved by the Ordinance Violations Bureau, as established in Section 2-5 of this Code, or a court of competent jurisdiction within the required time period, such violation shall become a misdemeanor and subject to the provisions of Section 1-7 of this Code.

Except where otherwise provided, all violations of any provision within this Code or any other ordinance of the City shall be deemed a municipal civil infraction, and everyday any violation of this Code or any other ordinance of the City shall continue shall constitute a separate offense. A copy of the schedule of fines, as may be established from time to time by resolution of the City Council, shall be posted at the Ordinance Violations Bureau as established in Section 2-5 of this Code.

Section 1-7 Violations as misdemeanors; penalties.

Whenever in this Code or in any other ordinance of the City, any act is prohibited or is made or declared to be unlawful, an offense, or a misdemeanor, and is specifically deemed a misdemeanor by a provision within this Code or any other ordinance of the City, or the doing of any act is required or the failure to do any act is declared to be unlawful, an offense, or a misdemeanor, and is specifically deemed a misdemeanor by a provision within this Code or any other ordinance of the City, where no specific penalty is provided thereof, the violation of any provision of this Code or any other ordinance of the City shall be punished by a fine not less than $100 and not exceeding $500, or imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment, in the discretion of a court of competent jurisdiction. Except where otherwise provided, every day any violation of this Code or any other ordinance of the City shall continue shall constitute a separate offense.

Section 1-8 Recovery of costs for prosecution.

In addition to all other penalties, the City may bring an action for costs of enforcement and prosecution expense upon the person or entity that has violated this Code or any other ordinance of the City. Such action shall be a civil action in a court of competent jurisdiction. The action shall be entitled in the name of the City and shall be against the person or entity that has allegedly violated the Code or any other ordinance of the City.

Should the City receive a judgment and should the judgment not be satisfied within 60 days of service upon the defendant, the City may, upon 30 days written notice, submit a copy of said judgment to both the City Treasurer and County Treasurer for said costs to be added to the tax bill of the defendant. The cost of enforcement and prosecution shall be the actual amount of attorney fees and costs of enforcement. An itemized bill of fees and costs given under oath shall be prima facia evidence of the attorney fees and costs.