[HISTORY: Adopted by the City Council of the City of Bridgman
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-1-2020 by Ord. No. 2020-207]
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."
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.
This ordinance shall take effect immediately upon passage and
publication according to law.
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.
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.
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.
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 City Council 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 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.
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.
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. 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.
B. 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.
C. 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.
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:
A. Any ordinance
adopted subsequent to September 16, 2019.
B. 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.
C. 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.
D. 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.
E. Any franchise
(including gas, electric, and cable franchise agreements), license,
right, easement or privilege heretofore granted or conferred.
F. 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.
G. 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.
H. Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
I. The levy
or imposition of taxes, assessments or charges or the approval of
the municipal budget.
J. The dedication
of property or approval of preliminary or final subdivision plats.
K. All currently
effective ordinances pertaining to the rate and manner of payment
of salaries and compensation of officers and employees.
L. Any legislation
relating to or establishing a pension plan or pension fund for municipal
employees.
M. Any ordinance
adopting or amending the Zoning Map.
N. Any ordinance
approving the incorporation of the economic development corporation
of the City.
O. Any ordinance
establishing utility rates.
P. Any ordinance
annexing or detaching territory.
Q. Any ordinance
prescribing traffic and parking restrictions pertaining to specific
streets.
R. Any other
ordinance or part thereof which is not of a general and permanent
nature.
S. 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.
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
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.
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. 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)."
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.