All valid bylaws, ordinances, resolutions, rules and regulations of the city which are not inconsistent with this charter and which are in force and effect at the time of the effective date of this charter shall continue in full force and effect until repealed or amended. If any such ordinance, resolution, rule or regulation provides for the appointment of any officers or any members of any board or commission by the Mayor, such officers or members of any board or commission shall, after the effective date of this charter, be appointed by the Commission.
Those provisions of any effective valid bylaw, ordinance, resolution, rule or regulations which are inconsistent with this charter, are hereby repealed.
All official action of the Commission shall be by ordinance, resolution, motion or order. Action by resolution, motion or order shall be limited to matters required or permitted to be so done by this charter or by state or federal law or pertaining to the internal affairs or concern of the city government. All other acts of the Commission and all acts carrying a penalty for the violation thereof, shall be by ordinance. Each ordinance shall be identified by a short title and by a number and by a code section number when the codification of ordinances is completed.
Each proposed ordinance shall be introduced in written or printed form. The style of all ordinances shall be "The City of Lapeer ordains".
[Amended by the electors 4-3-1978]
Subject to the statutes and to the exceptions which follow hereafter,
(a) 
Ordinances may be enacted by the affirmative vote of not less than a majority of the members of the Commission in office at that time,
(b) 
No ordinance shall be amended or repealed except by an ordinance adopted as aforesaid,
(c) 
No ordinance shall be enacted at the meeting at which it is introduced nor until after publication of the proceedings or summary thereof of such meeting (which proceedings or summary shall include a statement of its title and purpose), and
(d) 
The effective date of all ordinances shall be prescribed therein but the effective date shall not be earlier than the date of publication thereof.
It is provided, however, that an ordinance which is declared therein to be an emergency ordinance which is immediately necessary for the preservation of the public peace, health, or safety may be enacted at the meeting at which it is introduced or before publication of the proceedings of the meeting at which it is introduced, or may be given earlier effect than the date of publication, or all three, by the affirmative vote of all members of the Commission present at the meeting at which it is enacted.
In case an ordinance is given effect earlier than the date of publication, the requirements of publication before such ordinance becomes operative may be met by posting copies thereof in conspicuous locations in three public places in the City, other provisions of this Charter notwithstanding; and the Clerk shall, immediately after such posting, enter in the Ordinance Book under the record of the ordinance a certificate under his hand stating the time and place of such publication by posting of the ordinance, but the failure to so record and authenticate such ordinance shall not invalidate it or suspend its operation. Such ordinance shall also be published in accordance with § C-7.4, but not as a requirement for the effectiveness thereof.
No ordinance granting any public utility franchise shall be enacted except in accordance with the provisions of § C-14.2.
No ordinance shall be amended by reference to its title only, and the revised sections of the ordinance, as amended, shall be re-enacted and published in full. However, an ordinance or section thereof may be repealed by reference to its title and ordinance or code number only.
[Amended by the electors 4-3-1978]
Each ordinance shall be published within 30 days after its enactment by publishing the full text thereof in a newspaper as defined in § C-17.8 either separately or as part of the published Commission proceedings.
All ordinances shall be recorded by the Clerk in a book to be called "The Ordinance Book," but the failure to so record shall not invalidate it or suspend its operation.
The Commission may provide in any ordinance for the punishment of those who violate its provisions. The punishment for the violation of any city ordinance shall not exceed a fine of $500 or imprisonment for 90 days, or both in the discretion of the court.
Any action to vacate, discontinue or abolish any highway, street, alley, lane, or other public place, or part thereof, shall be subject to the provisions of statute and shall be by resolution. After the introduction of such resolution and before its final adoption, the Commission shall hold a public hearing thereon and shall post or publish notices of such hearing at least one week prior thereto.
The Commission may adopt in whole or in part any provisions of state law or any detailed technical regulations as a city ordinance or code by citation of such provisions of state law or by reference to any recognized standard code, official or unofficial, provided that any such provision of state law or recognized official or unofficial standard code shall be clearly identified in the ordinance adopting the same as an ordinance of the city. Where any code, or amendment thereto, is so adopted, all requirements for its publication may be met, other provisions of this charter notwithstanding, by (1) publishing the ordinance citing such code in the manner provided for the publication of other ordinances and (2) by making available to the public copies of the code cited therein book or booklet format a reasonable charge.
Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of the ordinance which can be given effect without the invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperative, and to this end ordinances are declared to be severable.
Within two years after the effective date of this charter, the Commission shall direct the compilation or codification and printing in loose-leaf or pamphlet form of all ordinances of the city then in force. Such compilation or codification shall be completed within one year thereafter. If a codification is complete it shall be maintained thereafter in current form; if a compilation is completed, a recompilation shall be completed at least once in every 10 years thereafter. Any codification may include provisions not previously contained in ordinances of the city.
All requirements for publication of such compilation or codification, and of the ordinances contained therein, other provisions of the charter notwithstanding, may be met by making copies thereof available for inspection by, and distribution to, the public for a reasonable charge and by publishing notice of the printing and availability thereof before the effective date thereof.
The copies of the ordinances and of any compilation, code or codes referred to in the charter may be certified by the Clerk and when so certified shall be competent evidence in all courts and legally established tribunals as to the matter contained therein.
All petitions to initiate an ordinance shall be submitted to the City Attorney before being circulated and have his written endorsement thereon certifying that the same is correct in form.
Any proposed ordinance may be submitted to the Commission by petition signed by qualified electors of the City equal in number to 15% of the total votes cast for Mayor at the last municipal election at which a Mayor was elected. The street address of each signer to said petition must be given.
Said petition shall be presented to the City Clerk who shall examine the same and certify to the Commission at their next meeting whether or not the necessary number of qualified electors have affixed their signatures thereto.
Said petition shall be accompanied by an affidavit of the person circulating said petition in form substantially as follows:
STATE OF MICHIGAN —
County of Lapeer,
__________________________ being duly sworn says that he circulated the petition hereto attached; that the signatures are all genuine; that they were affixed to said petition in his presence and that the signers thereof are all legally qualified electors of said City.
Subscribed and sworn to before me this _____ day of _________________
NOTARY PUBLIC.
My commission expires: ____________________
In case more than one petition is circulated, such affidavit must be attached to each petition and it shall be deemed a compliance with the requirements of this Charter if the total number of names on all such petitions shall equal the percentage required.
Within 30 days after the presentation to the Commission of such petition said Commission shall either,
(A)
Pass such ordinance as is requested, or
(B)
Call a special election to be held within 30 days, unless a special or general election is to be held within 90 days, at which said general or special election said proposed ordinance shall be submitted to the vote of the qualified electors of said City.
If upon the submission of any proposed ordinance a majority of those voting upon such question shall vote in favor of the adoption of such ordinance, such ordinance shall become effective on the twentieth day after the canvass of said votes.
In case said ordinance fails to receive a majority of the votes so cast, it shall not be re-submitted to the qualified electors of the City of Lapeer within a period of one year following the date of the first submission.
The general provisions of this Charter shall apply to all elections held under the authority of this Chapter, unless inconsistent herewith.
If during a period of 20 days after the Commission has adopted any ordinance, a petition signed by legally qualified electors to the number of 25% of the votes cast for Mayor at the last municipal election at which a Mayor was elected requesting that such ordinance be repealed, or amended, said ordinance shall not become operative until the following steps have been taken:
(A) 
The City Clerk shall examine said petition and shall certify thereon whether or not the necessary number of qualified electors have signed the same.
(B) 
He shall present the same to the Commission at its next regular meeting.
(C) 
Said Commission shall within 20 days next thereafter either repeal or amend said ordinance in conformity with the petition or confirm said ordinance as originally passed.
(D) 
If said ordinance be confirmed, the Commission shall present the same at a general or special election to be voted on by the qualified electors of said City in the same manner as in case of ordinances originating by petition.
(E) 
If repealed or amended in conformity with said petition said ordinance shall stand as repealed or amended, and if amended shall be effective at the expiration of 20 days thereafter.
The form of the petition, authentication by oath and certification to the Commission shall be the same as hereinbefore provided in the case of ordinances originating by petition.
Any resolution involving the granting of a franchise shall for the purpose of this Charter be deemed an ordinance.
[Amended by the electors 11-5-2013, remaining sections repealed by the electors 11-5-2013]
Any elective officer of the City of Lapeer, may be recalled from office in the manner prescribed by statute.
An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed for a period of six months after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be re-enacted for a period of six months after the date of the election at which it was repealed. It is provided, however, that any ordinance may be adopted, amended, or repealed at any time by appropriate referendum or initiatory procedure in accordance with the provisions of this chapter or if submitted to the electorate by the Commission on its own motion.
If two or more ordinances adopted at the same election shall have conflicting provisions, the provisions in the ordinance receiving the highest number of affirmative votes shall govern.