[HISTORY: Adopted by the Township Board of the Township of Denton as indicated in article histories. Amendments noted where applicable.]
Municipal civil infractions — See Ch. 38.
[Adopted 4-16-2008 by Ord. No. 72]
Pursuant to MCLA § 41.186, the ordinances of the Township of Denton of a general and permanent nature adopted by the Township Board of the Township of Denton, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 310, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Denton," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all 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 shall become effective upon publication after adoption.
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 Denton 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 Denton" 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 Denton, 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.
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 Township Board 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 Township of Denton 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.
All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter saved from repeal.
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:
Any ordinance adopted subsequent to July 11, 2007.
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.
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.
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.
Any franchise (including gas, electric, and cable franchise agreements), license, right, easement or privilege heretofore granted or conferred.
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.
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 Township's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance adopting or amending the Zoning Map.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
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.
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.)
Editor's Note: In accordance with § 1-14B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 4-16-2008 by Ord. No. 72." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The following words, when used in this Code, shall have the meanings indicated:
- Includes any person, firm, corporation, partnership, association, or other group formed as a unit for carrying out any purpose.
- PUBLIC PLACE
- Includes the entire width of any public right-of-way, and any property (public or private) to which the public commonly resorts or is invited.
- Denton Township, Michigan.
The only Township officials who are empowered to designate persons within their departments who are full-time employees as their deputies are the Clerk, Treasurer and Supervisor. The Clerk (MCLA § 41.69) and the Treasurer (MCLA § 41.77) must each appoint a deputy. The Deputy Clerk and the Deputy Treasurer must also be bonded. The Supervisor may appoint a deputy (MCLA § 41.61). Deputy Township officials are authorized to act as the elected official in the event of the official's absence, sickness, death or other disability. A deputy may not, however, vote as a member of the Township Board. With the official's approval and consent of the Township Board, a deputy may assist the elected official at any additional times agreed to by the Board and the official. Deputies are not required to be residents of the Township and may be paid compensation as determined by the Township Board.
All rules and regulations adopted and promulgated by officials designated in this Code or approved by Denton Township pursuant to this Code shall have the force and effect of ordinances of the Township as though fully set forth herein, provided they have been published and circulated as required by law, and violations thereof shall be considered violations of this Code.
Unless a violation of this Code or other ordinance is specifically designated in the Code or ordinance as a municipal civil infraction (or unless expressly otherwise provided by the Code or other ordinance or expressly otherwise required by applicable state or federal laws), the violation shall be a misdemeanor. As used in this section, references to "this Code or other Township ordinance" shall be construed to include any rules, regulations, licenses, permits, orders, agreements or determinations issued, adopted or entered under this Code or other ordinance, as applicable.
Misdemeanor violations. The penalty for a misdemeanor violation shall be a fine not exceeding $500 plus costs of prosecution, or imprisonment not exceeding 90 days, or both such fine plus costs and imprisonment in the discretion of the court, unless another maximum fine or term of imprisonment is otherwise specifically provided for the violation by this Code or other ordinance or authorized by state law.
A "violation" includes any act which is prohibited or made or declared to be unlawful or an offense by this Code or other ordinance; and any omission or failure to act where the act is required by this Code or other ordinance.
Each act of violation and each day on which any violation of this Code or other ordinance continues or is permitted to exist constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
The imposition of a fine, penalty or other sanction shall not excuse any person from compliance with the requirements of this Code or other ordinance.
The remedies, penalties and sanctions provided by this Code and other ordinances are cumulative. In addition to any remedies provided by this section or otherwise available to the Township at law, the Township may revoke or suspend any permit or license or bring an action for an injunction or initiate other available processes against a person to restrain, prevent or abate any violation of this Code or other ordinance.
The remedies, penalties and sanctions provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this Code or other ordinance, whether or not such remedy, penalty or sanction is reenacted in the amendatory ordinance.
This Code may also be enforced, where appropriate, by any citizen, elector or taxpayer of the Township by means of suit for injunction, mandamus, prohibition or other available legal process, at his or her own cost, unless voluntarily accepted by the Township.
Unless otherwise expressly stated in any ordinance, chapter or section, all fines, fees, or other costs established by Denton Township shall be as set forth by resolution of the Township Board. If an amount is set forth in any ordinance, chapter or section and the fine, fee or other cost has been set forth by resolution of the Township Board, such resolution shall control.