[HISTORY: Adopted by the Township Board of
the Township of Denton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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:
A.
Any ordinance adopted subsequent to July 11, 2007.
B.
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.
C.
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.
D.
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.
E.
Any franchise (including gas, electric, and cable
franchise agreements), license, right, easement or privilege heretofore
granted or conferred.
F.
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.
G.
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.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
L.
Any ordinance adopting or amending the Zoning Map.
M.
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
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.
In addition, the changes, amendments or revisions
as set forth in Schedule A attached hereto and made a part hereof
are made herewith,[1] 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]
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.
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.
A.
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.
B.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
