[HISTORY: Adopted by the Village Council of the Village of Shelby as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 202, Secs. 202.03 and 202.99, of the 2000 Codified Ordinances]
A. 
In the construction of these Codified Ordinances, or any provision thereof, the following rules and definitions shall control, except those which are inconsistent with the manifest intent of Council as disclosed in a particular provision, section or chapter:
(1) 
Adopting ordinance. "Adopting Ordinance" means the ordinance of the Municipality adopting the Codified Ordinances of Shelby.
(2) 
Authority. Whenever in the Codified Ordinances authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate, unless contrary to law or to the clear intent of any such particular provision.
(3) 
Calendar; computation of time. The terms "month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, unless the last day is a Sunday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday shall be excluded.
(4) 
Conjunctions. "And" includes "or" and "or" includes "and," if the sense so requires.
(5) 
Council. "Council" means the legislative authority of the municipality.
(6) 
County. "County" means the County of Oceana, Michigan.
(7) 
Gender. Words importing the masculine shall extend and be applied to the feminine and neuter genders.
(8) 
General rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language, provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.
(9) 
Joint authority. Words giving authority to a board, commission, authority or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.
(10) 
Keeper and proprietor. "Keeper" and "proprietor" mean persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.
(11) 
Land and real estate. "Land" and "real estate" include rights and easements of an incorporeal nature.
(12) 
Municipality or Village. "Municipality" or "Village" means the Village of Shelby, Michigan.
(13) 
Number. Words in the plural include the singular, and words in the singular include the plural number.
(14) 
Oath. "Oath" includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples about taking an oath. An affirmation shall have the same force and effect as an oath.
(15) 
Ordinance. "Ordinance" means and includes any ordinance of the Municipality, including any provision of these Codified Ordinances.
(16) 
Owner. "Owner," when applied to property, includes a part owner, joint owner or tenant in common of the whole or any part of such property.
(17) 
Person. "Person" includes any individual, copartnership, corporation, association, club, joint venture, estate, trust and any other group or combination acting as a unit, and the individuals constituting such group or unit.
(18) 
Premises. "Premises," when used as applicable to property, extends to and includes land and buildings.
(19) 
President. "President" means the chief executive officer of the Municipality.
(20) 
Property. "Property" includes real and personal property and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property; "real property" includes lands, tenements and hereditaments.
(21) 
Public place. "Public place" means any place to or upon which the public resorts or travels, whether such place is owned or controlled by the Village or any agency of the state or is a place to or upon which the public resorts or travels by custom or by invitation, express or implied.
(22) 
Publish. "Publish" means to print in a newspaper of general circulation in the Municipality the entire document or a brief summary thereof with a listing of places where copies have been filed and times when they are available for inspection.
(23) 
Reasonable time. In all cases where provision is made for an act to be done or notice to be given within a reasonable time, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or the giving of such notice.
(24) 
Residence. "Residence" means an abode in which a person permanently resides.
(25) 
Responsibility. Whenever any act is prohibited by a provision of these Codified Ordinances or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do such act.
(26) 
Shall and may. "Shall" is mandatory; "may" is permissive.
(27) 
Sidewalk. "Sidewalk" means that portion of a street between the curblines or lateral lines and the right-of-way lines, which is intended for the use of pedestrians.
(28) 
State. "State" means the State of Michigan.
(29) 
Street, highway and alley. "Street," "highway" and "alley" mean the entire width subject to an easement for public right-of-way, or owned in fee by the Village, county or state, of every way or place, of whatever nature, whenever any part thereof is open to the use of the public as a matter of right for purposes of public travel. The word "alley" means any such way or place providing a secondary means of ingress and egress from a property.
(30) 
Tenant and occupant. "Tenant" and "occupant," as applied to buildings or land, shall extend and be applied to any person holding a written or oral lease of, or who occupies the whole or any part of, a building or land, alone or with others.
(31) 
Tenses. The use of any verb in the present tense includes the future.
(32) 
Time. Whenever any time established in the Codified Ordinances for the taking of any action expires on a Sunday or a legal holiday, such time shall not expire on such day but shall expire on the next week day.
[Amended 6-24-2019 by Ord. No. 20190624-1]
A. 
General penalty. Whenever, in these Codified Ordinances, or in any technical or other code adopted by reference in these Codified Ordinances, or in any rule, regulation or order promulgated or made under authority of any provision of these Codified Ordinances, or under authority of any technical or other code adopted by reference in these Codified Ordinances, or under authority of state law, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates or fails to comply with any such provision shall be charged with a misdemeanor and fined not more than $500 or imprisoned not more than 90 days, or both, plus court costs, for each offense, unless a person convicted of 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 both such fine and imprisonment. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues, unless otherwise provided.
B. 
Municipal civil infraction. The Village Administrator, Village Engineer, Building Official, code enforcement official, police officers, and such other officers, employees and other public servants designated by the Village Administrator are authorized to issue and serve municipal civil infraction notices and citations as authorized by P.A. 236 of 261, as amended. The commission of any violations of these Codified Ordinances that is declared to be a civil infraction or a municipal civil infraction shall subject the violator to a civil penalty as provided by state law for a municipal civil infraction and as determined by the Village Codified Ordinance, plus any costs, damages, expenses, and other sanctions, as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended,[1] and other applicable laws.
(1) 
Unless otherwise specifically provided by this Code, the fine for each violation shall be not less than $100 nor more than $200.
(2) 
An increased fine shall be imposed for each repeat offense in accordance with the following:
(a) 
The fine for any offense that is a first repeat offense shall be not less than $250 nor more than $400.
(b) 
The fine for any second repeat offense or any subsequent repeat offense shall be not less than $500.
[1] 
In addition to all other remedies, the Village may commence and prosecute appropriate actions or proceeding in court to restrain or prevent any noncompliance with or violation of any of the provisions of this Code, or to correct, remedy or abate such noncompliance or violation.
(c) 
In this subsection, the term "repeat offense" means a second or any subsequent municipal civil infraction violation of the same requirement or provision committed by the same person within any twenty-four-month period and for which the person has admitted responsibility or is determined responsible.
[1]
Editor's Note: See MCLA § 600.8701 et seq.
C. 
Surcharges; equitable remedies. The imposition of any penalty provided for in this section shall be in addition to any surcharge levied for a violation of or noncompliance with a provision of these Codified Ordinances, or a provision of a technical or other code adopted by reference in these Codified Ordinances, or a rule, regulation or order promulgated or made under authority of either, or of state law, and shall be in addition to any equitable remedy provided by a provision of these Codified Ordinances, or a provision of a technical or other code adopted by reference in these Codified Ordinances, or a rule, regulation or order promulgated or made under authority of either, or of state law, including the enforced removal of prohibited conditions.
D. 
Complicity. Every person concerned in the commission of an offense under these Codified Ordinances, whether he or she directly commits the act constituting the offense or procures, counsels, aids or abets in its commission, may be prosecuted, indicted, tried and on conviction shall be punished as if he or she had directly committed such offense.
[Adopted 1-27-2025 by Ord. No. 02-24]
In accordance with MCLA § 78.24a, the ordinances of the Village of Shelby of a general and permanent nature adopted by the Village Council of the Village of Shelby, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 560, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Shelby," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other 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.
A copy of the Code in loose-leaf form has been filed in the office of the Village 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 Village of Shelby by impressing thereon the Seal of the Village, as provided by law, and such certified copy shall remain on file in the office of the Village 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 Village of Shelby" 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 Village of Shelby, 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 Village. 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.
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.
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 authorized by the Village Council of the Village of Shelby. The Clerk shall 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 Village of Shelby 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. 
Except as provided in§ 1-15, 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; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Shelby which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
Repeal of specific provisions. The Village Council of the Village of Shelby has determined that the following ordinances and/or provisions of the 2020 Codified Ordinances are no longer in effect and hereby specifically repeals the following legislation:
(1) 
Ordinance No. 20190311-1, Blight, adopted March 11, 2019.
(2) 
Former Sections 202.01, 202.02, 202.04, 202.05 and 202.06 of the 2000 Codified Ordinances.
(3) 
Former Chapter 242, Clerk, of the 2000 Codified Ordinances.
(4) 
Former Chapter 246, Treasurer, of the 2000 Codified Ordinances.
(5) 
Former Chapter 420, Street Obstructions and Special Uses, of the 2000 Codified Ordinances.
(6) 
Former Chapter 430, Vehicle Equipment, of the 2000 Codified Ordinances.
(7) 
Former Chapter 640, Inoperable Motor Vehicles, of the 2000 Codified Ordinances.
(8) 
Former Sections 670.01 through 670.09, 670.99, Safety Sanitation and Health, of the 2000 Codified Ordinances.
(9) 
Former Chapter 810, Cable Television, of the 2000 Codified Ordinances.
(10) 
Former Chapter 850, Peddlers and Solicitors, of the 2000 Codified Ordinances.
(11) 
Former Section 852.01, Permanent Public Shows, Theaters and Exhibitions, of the 2000 Codified Ordinances.
(12) 
Former Section 852.02, Transient Public Shows, Circuses, Menageries and Other Traveling Exhibitions, of the 2000 Codified Ordinances.
(13) 
Former Chapter 860, Transient Traders and Dealers, of the 2000 Codified Ordinances.
(14) 
Former Chapter 1020, Sidewalks and Curbs, of the 2000 Codified Ordinances.
(15) 
Former Chapter 1440, Trailer Coaches, of the 2000 Codified Ordinances.
The adoption of this Code and the repeal of ordinances provided for in § 1-14 of this ordinance shall not affect the 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 February 26, 2024
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 Village 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.
R. 
Any Village ordinance (or portions thereof) adopted by reference and not fully incorporated or restated within this Code.
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 Village ordinance on the effective date of this Code.
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 Village 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. 
Global revisions; nomenclature changes.
(1) 
Throughout the Code, references to MSA are deleted.
(2) 
"Michigan Department of Environmental Quality (DEQ)" is changed to "Michigan Department of Environment, Great Lakes, and Energy (EGLE)."
(3) 
Village "Clerk" and "Treasurer" are changed to "Clerk/Treasurer."
(4) 
Village "Manager" is changed to "Administrator."
C. 
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.)[1]
[1]
Editor's Note: In accordance with § 1-18C, 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 II. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 1-27-2025 by Ord. No. 02-24." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
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.