City of Bridgman, MI General Provisions

[HISTORY: Adopted by the City Council of the City of Bridgman as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 6-1-2020 by Ord. No. 2020-207]

§ 1-1 Adoption of Code.

Pursuant MCLA § 117.5b, the ordinances of the City of Bridgman of a general and permanent nature adopted by the City Council of the City of Bridgman, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 550, are hereby approved, adopted, ordained and enacted as the "Code of the City of Bridgman," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances and prior Compilation.

This ordinance and the Code shall supersede the 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 supersedes the 1999 Compiled Ordinances of the City of Bridgman, Michigan, adopted December 20, 1999, as amended and supplemented.

§ 1-3 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the City 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 City of Bridgman by impressing thereon the Seal of the City, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the City, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-5 Amendments to Code.

Any and all additions, amendments or supplements to the Code, when passed and adopted and published as required by law 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 City of Bridgman" 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.

§ 1-6 Publication; filing.

The Clerk of the City of Bridgman, 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 City. 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.

§ 1-7 Code book to be kept up-to-date.

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.

§ 1-8 Sale of Code book.

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 City Council or may be furnished electronically. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 1-9 Altering or tampering with Code; penalties for violation.

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 City of Bridgman 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.

§ 1-10 Severability of Code provisions.

Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a 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.

§ 1-11 Severability of ordinance provisions.

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.

§ 1-12 Inconsistent ordinances repealed.

Except as provided in § 1-13, ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed. Any valid legislation of the City of Bridgman which is not in conflict with the provisions of this Code shall be deemed to remain in full force and effect. In the event of any inconsistencies in the provisions of the adopted Code, the most restrictive provision shall be deemed to apply.

Prior ordinances not revived. The repeal provided for in this section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Repeal of specific ordinances. The City Council of the City of Bridgman has determined that the following ordinances are no longer in effect and hereby specifically repeals the following legislation:

(1)

Ordinance No. 19, regarding liquor control, adopted March 7, 1960.

(2)

Ordinance No. 25, regarding passing stopped school buses, adopted January 3, 1961.

(3)

Ordinance No. 72, regarding the floodplain district, adopted November 5, 1979.

(4)

Ordinance No. 76, regarding the City Superintendent, adopted May 19, 1980.

(5)

Ordinance No. 116, regarding housing standards, adopted December 21, 1992.

(6)

Ordinance No. 143, adopting the 1999 Compiled Ordinances, adopted December 20, 1999.

§ 1-13 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to September 16, 2019.

Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.

Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.

Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to the effective date of this ordinance brought pursuant to any legislative provision.

Any franchise (including gas, electric, and cable franchise agreements), license, right, easement or privilege heretofore granted or conferred.

Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.

Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the City's indebtedness.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

The dedication of property or approval of preliminary or final subdivision plats.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any legislation relating to or establishing a pension plan or pension fund for municipal employees.

Any ordinance adopting or amending the Zoning Map.

Any ordinance approving the incorporation of the economic development corporation of the City.

Any ordinance establishing utility rates.

Any ordinance annexing or detaching territory.

Any ordinance prescribing traffic and parking restrictions pertaining to specific streets.

Any other ordinance or part thereof which is not of a general and permanent nature.

Ordinance No. 194, Zoning, adopted July 10, 2017, as amended April 2, 2018, by Ordinance Nos. 197 and 198; any other amendments thereto; and the Official Zoning Map and any amendments thereto.

§ 1-14 Changes in previously adopted ordinances.

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 City Council 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.

In addition, the changes, amendments or revisions as set forth in Schedule A[1] 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.)

[1]

Editor’s Note: In accordance with § 1-14B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 6-1-2020 by Ord. No. 2020-207." Schedule A, which contains a complete description of all changes, is on file in the City offices.

Global revisions; nomenclature changes.

(1)

"City Commission" (and "Commission" when applicable to the City Council) are amended to read "City Council"; "City Administrator" and "City Superintendent" are amended to read "City Manager"; "village" is amended to read "City"; "MDEQ," "DEQ," and "Department of Environmental Quality" are amended to read "Department of Environment, Great Lakes and Energy (EGLE)"; and "Commissioners" is amended to read "Council members," except in Chapter 31, Elections, §§ 31-2 and 31-3, where the term "Commissioners" is retained for historical accuracy.

(2)

Throughout Chapter 470, Subdivision and Land Development, the terms "Superintendent of Public Works," "Superintendent of Water," and "Superintendent of Water and Sewer" are amended to read "Director of Public Service"; and the term "MDPH" is amended to read "Michigan Department of Health and Human Services (DHHS)."

§ 1-15 References to Michigan Compiled Laws.

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.

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.