[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:
CODE
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.
COUNCIL
The term "council" means the Village Council of Stevensville,
Michigan. Such council shall also be known as the Village Council.
COUNTY
The terms "the county" and "this county" mean the County
of Berrien in the State of Michigan, as the case may be.
GENDER
A word importing gender shall extend and be applied to both
genders and to firms, partnerships and corporations as well.
MCL
The abbreviation "MCL" means the Michigan Compiled Laws,
as amended.
NUMBER
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.
PERSON
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.
STATE
The terms "the state" and "this state" mean the State of
Michigan.
TENSE
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.
VILLAGE
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.
[Adoptedx Comp. Ords. Rev. 1986, § 6.10; Code 1994,
§ 1-13]
(a) For the purposes of this section, the term "violation
of this Code" shall mean any of the following:
(1) 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.
(2) Failure to perform an act that is required to be performed
by ordinance or by rule or regulation authorized by ordinance.
(3) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) The imposition of a penalty does not prevent suspension
or revocation of a license, permit or franchise, or other administrative
sanctions.
(g) 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.