This Code may be known and cited as the "Code of Ordinances,
Village of Baroda, Michigan."
The following words, terms and phrases, when used in this Code
or in any amendment to this Code, shall, for the purpose of this Code,
have the meanings respectively ascribed to them in this section, except
where the context clearly indicates a different meaning. Words and
phrases in this Code shall be construed according to their common
and accepted meanings. Technical words and technical phrases not defined
in this Code but which have acquired particular meanings in law or
in technical usage shall be construed according to such meanings.
The terms "Code" and "this Code" mean the Code of Ordinances, Village of Baroda, Michigan, as designated in § 1-1.
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 is Sunday or a legal holiday
it shall be excluded. When the time is expressed in hours, the whole
of Sunday or a legal holiday, from 12:00 midnight to 12:00 midnight,
shall be excluded.
The terms "Council" and "Village Council" mean the Village
Council of the Village of Baroda, Michigan.
The terms "the county" and "this county" mean the County
of Berrien in the State of Michigan.
A term importing gender shall extend and be applied to both
genders and to firms, partnerships and corporations as well.
The abbreviation "MCL" means the Michigan Compiled Laws,
as amended.
A term importing the singular number only may extend and
be applied to several persons and things as well as to one person
and thing.
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 phrase "of the Village of Baroda,
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 any deputy or authorized subordinate.
The term "person" and its derivatives and the term "whoever"
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
terms "person" and "whoever," as applied to any unincorporated entity,
mean the partners or members thereof and, as applied to corporations,
the officers thereof.
The term "Public Act" means Public Acts of Michigan, as amended.
The term "shall" is always mandatory and not discretionary.
The term "may" is permissive.
The terms "the state" and "this state" shall be construed
to mean the State of Michigan.
Except as otherwise specifically provided or indicated by
the context, all terms 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 Baroda, Michigan.
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.
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.
State law references and editor's notes are by way of explanation
only and should not be deemed a part of the text of any section.
All of the provisions of this chapter, not incompatible with
future legislation, shall apply to ordinances adopted amending or
supplementing this Code, unless otherwise specifically provided.
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.
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.
The history notes appearing in brackets after sections of this
Code are not intended to have any legal effect but are merely intended
to indicate the source of matter contained in the section.
The provisions appearing in this and the following chapters
and sections, so far as they are the same as ordinances existing at
the time of the adoption of this Code, shall be considered as a continuation
thereof and not as new enactments.
(a)
The repeal of an ordinance shall not revive any ordinances
in force before or at the time the ordinance repealed took effect.
(b)
The repeal of an ordinance shall not affect any punishment
or penalty incurred before the repeal took effect, or any suit, prosecution
or proceeding pending at the time of the repeal, for an offense committed
under the ordinance repealed.
(a)
Nothing in this Code or the ordinance adopting this
Code shall affect any offense or act committed or done or any penalty
or forfeiture incurred or any contract or right established or accruing
before the effective date of this Code.
(b)
The adoption of this Code shall not be interpreted
as authorizing or permitting any use or the continuance of any use
of a structure or premises in violation of any ordinance of the Village
in effect on the date of adoption of this Code.
(a)
Nothing in this Code or the ordinance adopting this
Code shall affect the following when not inconsistent with this Code:
(1)
Any offense committed or penalty incurred or any right
established prior to the effective date of this Code.
(2)
Any ordinance levying annual taxes.
(3)
Any ordinance appropriating money.
(4)
Any ordinance authorizing the issuance of bonds or the
borrowing of money.
(5)
Any ordinance establishing utility rates.
(6)
Any ordinance establishing franchises or granting special
rights to certain persons.
(7)
Any ordinance authorizing public improvements.
(8)
Any ordinance authorizing the purchase or sale of real
or personal property.
(9)
Any ordinance annexing or detaching territory.
(10)
Any ordinance granting or accepting easements, plats
or dedications of land to public use.
(11)
Any ordinance dedicating, naming, establishing,
locating, relocating, opening, paving, widening, vacating, etc., any
street or public way in the Village.
(12)
Any ordinance establishing or prescribing grades
in the Village.
(13)
Any ordinance prescribing the number, classification
or compensation of any Village officers or employees.
(14)
Any ordinance prescribing traffic and parking restrictions
pertaining to specific streets.
(15)
Any ordinance pertaining to rezoning.
(16)
Any other ordinance, or part thereof, which is not
of a general and permanent nature.
(b)
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.
(a)
Amendments to this Code shall be by ordinance. The
title of each amendatory ordinance, adapted to the particular circumstances
and purposes of the amendment, shall be substantially as follows:
(1)
To amend any section:
An ordinance to amend section __________ (or sections __________
and __________) of the Code of Ordinances, Village of Baroda, Michigan.
(2)
To insert a new section or chapter:
An ordinance to amend the Code of Ordinances, Village of Baroda,
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.
(3)
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 Baroda, Michigan.
(a)
By contract or by Village personnel, supplements to
this Code shall be prepared and printed whenever authorized or directed
by the Village 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.
(b)
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.
(c)
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:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for
sections and other subdivisions of the Code printed in the supplement
and make such changes in such catchlines, headings and titles;
(3)
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;
(4)
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 __________ to __________" (inserting
section numbers to indicate the sections of the Code which embody
the substantive sections of the ordinance incorporated into the Code);
and
(5)
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.
(a)
It is the legislative intent of the Village 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. 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.
(b)
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.
(a)
Except as specifically provided otherwise by state
law or Village 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 shall be punished 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.
(b)
The penalty provided by this section, unless another
penalty is expressly provided, shall apply to the amendment of any
section of this Code, whether or not such penalty is reenacted in
the amendatory ordinance.
(c)
The penalty shall be in addition to the abatement of
the violating condition, any injunctive relief, and/or a revocation
of any permit or license.
(d)
The fines imposed under this section shall be in addition
to any costs assessed by the court.
(e)
This section shall not apply to the failure of officers
and employees of the Village to perform municipal duties required
by this Code.
