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."
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."
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.
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.
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.