[HISTORY: Adopted by the Township Board of the Township of
New Buffalo as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-21-2023 by Ord. No. 20230821B]
In accordance with MCLA § 41.186, the ordinances of
the Township of New Buffalo of a general and permanent nature adopted
by the Township Board of the Township of New Buffalo, as revised,
codified and consolidated into chapters and sections by General Code,
and consisting of Chapters I through 455, together with an Appendix,
are hereby approved, adopted, ordained and enacted as the "Code of
the Township of New Buffalo," 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 Township 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 Township of New Buffalo by impressing thereon
the Seal of the Township, as provided by law, and such certified copy
shall remain on file in the office of the Township 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
Township of New Buffalo" 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 Township of New Buffalo, 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 Township. 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 that
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 resolution of the Township Board
of the Township of New Buffalo. 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 that will cause
the law of the Township of New Buffalo 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§ 1-13, 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; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township of New Buffalo that 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 Township Board of the Township
of New Buffalo has determined that the following ordinances are no
longer in effect and hereby specifically repeals the following legislation:
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. 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 May 11, 2023.
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
Township 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 ordinance (or portions thereof) adopted by reference and not
fully incorporated or restated within this Code.
The provisions of this Code, insofar as they are substantially
the same as ordinances previously adopted by the Township relating
to the same subject matter, shall be construed as restatements and
continuations thereof and not as entirely new enactments.
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
Township 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 Township Board 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.
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 § 1-16B, 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) 8-21-2023 by Ord. No. 20230821B." Schedule A, which contains a complete description of all changes, is on file in the Township 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.
