[Code 1994, § 1-1]
This Code may be known and cited as the "Code of Ordinances, Village of Stevensville, Michigan."
[Code 1994, § 1-2]
The following words and phrases, when used in this Code and any amendment thereto shall, for the purposes of this Code, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
- The terms "this Code" and "Code" mean the Code of Ordinances, Village of Stevensville, Michigan, as designated in Section 1-1.
- 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 Sunday or a legal holiday it shall be excluded; and when the time is expressed in hours, the whole of Sunday or a legal holiday, from midnight to midnight, shall be excluded.
- The term "council" means the Village Council of Stevensville, Michigan. Such council shall also be known as the Village Council.
- The terms "the county" and "this county" mean the County of Berrien in the State of Michigan, as the case may be.
- A word importing gender shall extend and be applied to both genders and to firms, partnerships and corporations as well.
- HEALTH DEPARTMENT/HEALTH OFFICER
- The terms "health department" and "health officer" mean the county health department and county health officer, respectively.
- The abbreviation "MCL" means 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 and thing.
- OFFICER, EMPLOYEE, DEPARTMENT, BOARD, COMMISSION OR OTHER AGENCY
- Whenever any officer, employee, department, board, commission, or other agency is referred to by title only, such reference shall be construed as if followed by the words "of the Village of Stevensville, Michigan." Whenever, by the provisions of this Code, any officer, employee, department, board, commission, or other agency of the Village is assigned any duty or empowered to perform any act or duty, reference to such officer, employee, department, board, commission or agency means and includes such officer, employee, department, board, commission or agency or deputy or authorized subordinate.
- The term "person" and its derivatives and the term "whoever" shall include a natural person, partnership, association, legal entity or a corporate body or any body of persons corporate or incorporate. Whenever used in any clause prescribing and imposing a penalty, the term "person" or "whoever," as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
- PUBLIC ACT
- The term "Public Act" means Public Acts of Michigan, as amended.
- SHALL, MAY
- The term "shall" is always mandatory and not discretionary. The term "may" is permissive.
- The terms "the state" and "this state" mean the State of Michigan.
- Except as otherwise specifically provided or indicated by the context, all words used in this Code indicating the present tense shall not be limited to the time of adoption of this Code but shall extend to and include the time of the happening of any act, event, or requirement for which provision is made therein, either as a power, immunity, requirement or prohibition.
- The term "Village" means the Village of Stevensville, Michigan.
[Code 1994, § 1-3]
Unless otherwise provided in this Code, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this Code as those governing the interpretation of the Public Acts of Michigan.
[Code 1994, § 1-4]
Headings and captions used in this Code following the chapter, article, division and section numbers, are employed for reference purposes only and shall not be deemed a part of the text of any section.
[Code 1994, § 1-5]
State law reference and editor's notes are by way of explanation only and should not be deemed a part of the text of any section.
[Code 1994, § 1-6]
All of the provisions of this chapter, not incompatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this Code unless otherwise specifically provided.
[Code 1994, § 1-7]
Whenever in one section reference is made to another section of this Code, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
[Code 1994, § 1-8]
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the Village, exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
Unless specifically provided otherwise, the repeal of a repealing ordinance does not revive the ordinance originally repealed, nor impair the effect of any saving provision therein.
The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any rights, privileges, suit, prosecution or proceeding pending at the time of the amendment or repeal.
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 or premises in violation of any city ordinance on the effective date of this Code.
[Code 1994, § 1-9]
Nothing in this Code or the ordinance adopting this Code shall affect the following when not inconsistent with this Code, 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 Village Clerk's office.
Any offense committed or penalty incurred or any right established prior to the effective date of the Code;
Any ordinance levying annual taxes;
Any ordinance appropriating money;
Any ordinance authorizing the issuance of bonds or borrowing of money;
Any ordinance establishing utility rates;
Any ordinance establishing franchises or granting special rights to certain persons;
Any ordinance authorizing public improvements;
Any ordinance authorizing the purchase or sale of real or personal property;
Any ordinance annexing or detaching territory;
Any ordinance granting or accepting easements, plats or dedication of land to public use;
Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the Village;
Any ordinance establishing or prescribing grades in the Village;
Any ordinance prescribing the number, classification or compensation of any Village officers or employees;
Any ordinance prescribing traffic and parking restrictions pertaining to specific streets;
Any ordinance pertaining to Zoning Map amendments;
Any other ordinance, or part thereof, which is not of a general and permanent nature.
[Code 1994, § 1-10]
This Code shall be amended by ordinance. The title of each amendatory ordinance, adapted to the particular circumstances and purposes of the amendment, shall be substantially as follows:
To amend any section:
An ordinance to amend Section _____ (or Sections _____ and _____) of the Code of Ordinances, Village of Stevensville, Michigan.
To insert a new section or chapter:
An ordinance to amend the Code of Ordinances, Village of Stevensville, Michigan, by adding a new Section _____ (new sections or a new chapter, as the case may be) which new section (sections or chapter) shall be designated as Section _____ (Sections _____ and _____) (or proper designation if a chapter is added) of said Code.
To repeal a section or chapter:
An ordinance to repeal Section _____ (Sections _____ and _____, Chapter _____, as the case may be) of the Code of Ordinances, Village of Stevensville, Michigan.
[Code 1994, § 1-11]
By contract or by Village personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the council. 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 thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which 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 the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
When preparing a supplement to this Code, the codifier, meaning the person, agency or organization 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 division," etc., as the case may be, or to "sections _____ through _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and
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.
[Code 1994, § 1-12]
It is the legislative intent of the council 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 Village and 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 that this Code shall stand, notwithstanding the invalidity of any provision or section thereof.
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.
[Adoptedx Comp. Ords. Rev. 1986, § 6.10; Code 1994, § 1-13]
For the purposes of this section, the term "violation of this Code" shall mean any of the following:
Doing an act that is prohibited or made or declared unlawful, an offense or a violation by ordinance or by rule or regulation authorized by ordinance.
Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense or a violation, or by ordinance or by rule or regulation authorized by ordinance.
Any provision of this Code that is made or declared to be a misdemeanor, civil infraction or municipal civil infraction is a violation of this Code.
For the purposes of this section, the term "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.
Except as specifically provided otherwise by state law or city ordinance, all violations of this Code are misdemeanors. Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code that is a misdemeanor shall be punished by a fine not to exceed $500 and costs of prosecution, or by imprisonment for a period of not more than 90 days, or by both such fine and imprisonment. However, unless otherwise provided by law, a person convicted of a violation of this Code which substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days, is punishable by a fine not to exceed $500 and costs of prosecution, or by imprisonment for a period of not more than 93 days, or by both such fine and imprisonment.
Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. As to other violations, each violation constitutes a separate offense.
The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise, or other administrative sanctions.
Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief or civil or quasi-judicial enforcement.