The enacting clause of all ordinances shall read, "The City
of Royal Oak Ordains," but such caption may be omitted when said ordinances
are published in book form or are revised and digested by authority
of the Commission.
The adoption of any ordinance by the Commission shall require
for its passage the concurrence of a majority of all the members of
the Commission.
The time when any ordinance shall take effect shall be prescribed
therein, which time shall not be less than 10 days from the date of
its passage, except emergency ordinances, which may be given immediate
effect. No ordinance shall be finally passed on the day it is introduced,
except in case of public emergency. An emergency ordinance shall be
defined to be one necessary for the immediate preservation of the
public peace, property, health, safety, or providing for the usual
daily operation of a department which contains a statement of its
urgency.
Immediately upon the final passage of any ordinance, the Mayor
and Clerk shall sign the same under a certificate of the day and date
of its passage.
(a)
Except as otherwise provided in this section, all ordinances
shall be published once within one week of their passage, in summary
form in a newspaper printed or circulated within the City and in full
on the Internet. The Clerk shall certify on the record of ordinances,
the date of publication in the newspaper and on the Internet in which
any ordinance was so published. Such certificate shall be prima facie
evidence that legal publication of an ordinance has been made.
[Amended and adopted 11-3-2009]
(b)
The Commission may direct a codification of the general ordinances
of the City in loose-leaf or pamphlet form and cause such codification
to be maintained thereafter in current form. Any such codification
may originally include provisions not previously contained in ordinances
of the City. The Commission shall provide for making printed copies
of the original codification available for public inspection and for
distribution to the public at a reasonable charge and shall publish
notice of the printing and availability of such original codification
at least 10 days before the effective date thereof. Such printing
and making available of the codification and notice thereof shall
constitute publication of any such original codification.
[Amended and adopted 11-3-1953]
All ordinances shall be recorded in an index book marked "Ordinance
Record;" and record of each ordinance shall be authenticated by the
signature of the Mayor and Clerk. Such record and authentication shall
be done within one week after the final passage of any ordinance,
but failure to so record and authenticate any ordinance shall not
invalidate it or suspend its operation.
No repealed ordinance shall be revived unless the whole or so
much as is intended to be revived shall be re-enacted. When any section
or part of a section of any ordinance is amended, the whole section
shall be re-enacted.
Prosecutions for violation of any ordinance of the City shall
be commenced within two years after the commission of the offense;
provided that the limitations herein imposed shall only apply to violations
penal in their nature, and shall not be construed as a limitation
of the City's right to forfeit any franchise, grant, or license for
violation of the terms and conditions thereof, after said two-year
period.
[Amended and adopted 9-12-1950]
Prosecutions for violations of the ordinances of the City may
be commenced by warrant, and all process in such cases shall be in
the name of "The People of the State of Michigan." The practice in
such cases shall be the same, as near as may be, as in the criminal
cases cognizant by Justices of the Peace under the General Laws of
the State or as may be provided for cases cognizable by the Municipal
Court hereafter created.
All process issued in any prosecution or proceeding for the
violation of any ordinance, shall be directed to any police officer
of the City, or County of Oakland, and may be executed in any part
of the State by said officer or any other officer authorized by law
to serve process issued by a Justice of the Peace.
In all judicial proceedings it shall be sufficient to plead
any ordinance by title and the number of section or sections, and
it shall not be necessary to plead the entire ordinance or section.
Judicial notice shall be taken of the enactment, existence,
provisions, and continuing force of all ordinances of the Village
of Royal Oak adopted under the provisions of this Charter.
Whenever it shall be necessary to prove any ordinance or resolution
of the Commission, in any judicial proceedings, the same may be proved
from the record thereof kept by the Clerk, by a copy thereof, duly
certified by the Clerk under the seal of the City, or from any volume
purporting to have been published, printed, or compiled by authority
of the Commission.
[Amended and adopted 11-2-1999]
Ordinance Violation: Penalties. The Commission has the authority
to provide for the punishment of those who violate its ordinances.
Punishment for the violation of any ordinance shall not exceed a fine
of $500 and/or imprisonment for 90 days or such fine and/or term as
allowed for by the State of Michigan, in the discretion of the court.
All ordinances, regulations, and resolutions in force at the
time this Charter shall take effect and not inconsistent with the
provisions thereof, shall remain and be in force until amended, modified,
or repealed.