The ordinances of the Village of Brownstown, as codified by General Code, LLC, and consisting of Chapters
1 through
40, shall be known collectively as the "Code of the Village of Brownstown," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the Village to any other ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Village Board of the Village, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of§
1-1-3 below.
All ordinances of a general and permanent nature of the Village
in force on the date of the adoption of this ordinance, inconsistent
with the provisions contained therein, and not contained in such Code
or recognized and continued in force by reference therein are hereby
repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in §
1-1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
(A) Any right or liability established, accrued or incurred under any
legislative provision of the Village prior to the effective date of
this ordinance or any action or proceeding brought for the enforcement
of such right or liability.
(B) Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision of the Village
or any penalty, punishment or forfeiture which may result therefrom.
(C) 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 of the Village.
(D) Any agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village.
(E) Any ordinance of the Village providing for the laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place within
the Village or any portion thereof.
(F) Any ordinance of the Village appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the Village or other instruments
or evidence of the Village's indebtedness.
(G) Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract, agreement or obligation.
(H) The levy or imposition of special assessments or charges.
(I) The annexation or dedication of property.
(J) Any ordinance relating to salaries and compensation, including Prevailing
Wage Ordinances.
(K) Any ordinance amending the Zoning Map or providing for variations
in accordance with the Village Zoning Ordinance.
(L) Any ordinance relating to or establishing a pension plan or pension
fund for Village employees.
(M) Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Village.
(N) Any ordinance relating to railroads or railroad crossings with streets
and other pubic ways, or relating to the conduct, duties, services
or rates of public utilities.
(O) Any ordinance adopted subsequent to February 8, 2023.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinance included in this Code
now or through supplementation shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section, article, chapter or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.
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 Village Clerk of the Village by impressing thereon the Seal
of the Village, and such certified copy shall remain on file in the
office of said Village Clerk to be made available to persons desiring
to examine the same during all times while said Code is in effect.
The enactment and publication of this ordinance, coupled with the
availability of a copy 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.
Any and all additions, deletions, amendments or supplements
to any of the ordinances known collectively as the "Code of the Village"
or any new ordinances, when enacted or adopted in such form as to
indicate the intention of the Village Board to be a part thereof,
shall be deemed to be incorporated into such Code so that reference
to the Code shall be understood and intended to include such additions,
deletions, amendments or supplements. Nothing contained in this ordinance
shall affect the status of any ordinance contained herein, and such
ordinances may be amended, deleted or changed from time to time as
the Village Board deems desirable.
Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village to be misrepresented thereby or who violates any other provision of this ordinance shall be guilty of an offense and shall, upon conviction thereof, be fined in accordance with Chapter
1, Administration. Article
I. General Code Provisions, Division IV, General Penalty, of the Village Code. The court may, in addition to assessing a fine, impose a requirement that the defendant perform some reasonable public service work such as, but not limited to, the picking up of litter in public parks or along public streets or highways or the maintenance of public facilities.
This ordinance shall be in full force and effect 10 days following
publication as provided by law.