[HISTORY: Adopted by the Township Board of the Township of
Three Oaks as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-8-2020 by Ord. No. 60]
The ordinances of the Township of Three Oaks of a general and permanent nature adopted by the Township Board of Trustees of the Township of Three Oaks, as revised, codified and consolidated into chapters and sections by General Code and consisting of Chapters
1 through
A400, together with appendixes, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Three Oaks," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all general and
permanent ordinances enacted prior to the enactment of this Code,
except such ordinances as are hereinafter expressly saved from repeal
or continued in force.
This ordinance shall become effective upon publication after
adoption.
A copy of the Code in loose-leaf form has been filed in the
office of the Township Clerk and shall remain there for use and examination
by the public until final action is taken on this ordinance; and,
if this ordinance shall be adopted, such copy shall be certified to
by the Clerk of the Township of Three Oaks by impressing thereon the
Seal of the Township, as provided by law, and such certified copy
shall remain on file in the office of the Township Clerk, to be made
available to persons desiring to examine the same during all times
while said Code is in effect.
Any and all additions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intent of
the governing body to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Township of Three Oaks" shall be understood and intended to include
such additions and amendments. Whenever such additions, amendments
or supplements to the Code shall be adopted, they shall thereafter
be printed and, as provided hereunder, inserted in the loose-leaf
book containing said Code, as amendments and supplements thereto.
The Clerk of the Township of Three Oaks, pursuant to law, shall
cause to be published, in the manner required, a copy of this Adopting
Ordinance in a newspaper of general circulation in the Township. Sufficient
copies of the Code shall be maintained in the office of the Clerk
for inspection by the public at all times during regular office hours.
The enactment and publication of this Adopting Ordinance, coupled
with availability of copies of the Code for inspection by the public,
shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
It shall be the duty of the Clerk or someone authorized and
directed by the Clerk to keep up to-date the certified copy of the
book containing the Code required to be filed in his or her office
for the use of the public. All changes in said Code and all ordinances
adopted subsequent to the effective date of this codification which
shall be adopted specifically as part of the Code shall, when finally
adopted, be included therein by reference until such changes or new
ordinances are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk, or an authorized agent of the Clerk, upon
the payment of a fee to be set by the Township Board of Trustees,
or may be furnished electronically. The Clerk may also arrange for
procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code or to alter
or tamper with such Code in any manner whatsoever which will cause
the law of the Township of Three Oaks to be misrepresented thereby.
Anyone violating this section or any part of this ordinance shall
be subject, upon conviction, to a fine of not more than $500 or imprisonment
for not more than 90 days, or both, in the discretion of the Judge
imposing the same.
This Code and the various parts, sections, subsections, paragraphs,
sentences, phrases, and clauses thereof are hereby declared to be
severable. If any part, section, subsection, paragraph, sentence,
phrase, or clause is adjudged unconstitutional or invalid by a court
of competent jurisdiction, it is hereby provided that the remainder
of this Code shall not be affected thereby and shall remain in effect
and valid.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
A. Repeal of inconsistent ordinances. All ordinances and parts thereof
not included in the Code adopted by this ordinance, which are in conflict
in whole or in part with any of the provisions of this Code, are repealed
as of the effective date of this Code, but only to the extent of any
such conflict.
B. Repeal of specific ordinances. The Township of Three Oaks has determined
that the following ordinances are no longer in effect and hereby specifically
repeals the following legislation:
(1) Ordinance No. 4, trailers and trailer camps, adopted February 3,
1964; as well as amending Ord. No. 5, adopted February 3, 1969.
(2) Ordinance No. 20, child restraint systems, adopted July 6, 1987.
(3) Ordinance No. 26, weeds, adopted November 10, 1997, as well as the
following amending ordinances: Ord. No. 06-42, adopted September 11,
2006; and Ord. No. 26A, adopted July 13, 2015.
The provisions of this Code, insofar as they are substantially
the same as ordinances previously adopted by the Township relating
to the same subject matter, shall be construed as restatements and
continuations thereof and not as entirely new enactments.
A. 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.
B. The adoption of this Code does not authorize any use or the continuation
of any use of a structure, building, or premises in violation of any
Township ordinance on the effective date of this Code.
The adoption of this Code and the repeal of ordinances provided for in §
1-12 of this ordinance shall not affect the validity of following ordinances, rights and obligations, which are hereby expressly saved from repeal. The ordinances or portions of ordinances designated below continue in full force and effect to the same extent as if published at length in this Code.
A. Any ordinance adopted subsequent to October 14, 2019.
B. Any ordinance or portion of any ordinance promising or guaranteeing
the payment of money or authorizing the issuance of bonds or other
instruments of indebtedness.
C. Any ordinance or portion of any ordinance authorizing or approving
any contract, deed, or agreement.
D. Any ordinance or portion of any ordinance granting any right or franchise.
E. Any ordinance or portion of any ordinance making or approving any
appropriation or budget.
F. Any ordinance or portion of any ordinance providing for salaries
or other employee benefits or personnel policies not codified in this
Code.
G. Any ordinance or portion of any ordinance levying, imposing, or otherwise
relating to taxes not codified in this Code.
H. Any ordinance or portion of any ordinance adopting or amending the
Township Master Plan.
I. Any ordinance or portion of any ordinance dedicating, accepting,
or vacating any plat or subdivision.
J. Any ordinance or portion of any ordinance dedicating, establishing,
naming, locating, relocating, opening, paving, widening, repairing,
or vacating any street, sidewalk, or alley.
K. Any ordinance or portion of any ordinance establishing the grade
of any street or sidewalk.
L. Any ordinance or portion of any ordinance levying or imposing any
special assessment.
M. Any ordinance rezoning property.
N. Any ordinance regarding special districts.
O. Any ordinance or portion of any ordinance that is temporary although
general in effect.
P. Any ordinance or portion of any ordinance that is special although
permanent in effect.
Q. Any ordinance or portion of any ordinance the purpose of which has
been accomplished.
A. Throughout the Code, a reference to "Michigan Compiled Laws" shall
include all sections of law, as last amended, which are assigned a
compilation number by the legislative service bureau and are not subsequently
repealed.
B. Unless otherwise specifically provided, a reference to all or part
of a statute, regardless of whether the words "as amended" are used
in the reference, shall include the latest amendments to the statute
or part.
A. In compiling and preparing the ordinances for adoption and revision
as part of the Code, certain grammatical changes and other minor changes
were made in one or more of said ordinances. It is the intention of
the Township Board of Trustees that all such changes be adopted as
part of the Code as if the ordinances so changed had been previously
formally amended to read as such.
B. In addition, the changes, amendments or revisions as set forth in
Schedule A attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this ordinance. (Chapter
and section number references are to the ordinances as they have been
renumbered and appear in the Code.)
C. Nomenclature changes.
(1) In Chapter
217, Liquor Control, the term "Liquor Control Enforcement Department" is amended to read "Liquor Control Ordinance Enforcement Officer"; "Department" is amended to read "Ordinance Enforcement Officer"; "Michigan Liquor Control Act" is amended to read "Michigan Liquor Control Code"; "Liquor Control Act" is amended to read "Liquor Control Code"; and the term "act," when referring to the former Michigan Liquor Control Act, is amended to read "code."
(2) All references to "MSA" citations are hereby revised to their corresponding
MCLA references. All MSA references will be deleted.
This ordinance shall be published in the manner as required
by law. Except as otherwise provided by law, this ordinance shall
be effective on the day after final publication.