City of Roseville, MI Article I Rules of Construction; General Penalty

[Adopted 2-28-1984 by Ord. No. 895 as Art. I of Ch. 1 of the 1984 Code]

§ 1-1 Interpretation and construction of ordinances.

All ordinances of the City of Roseville shall be interpreted and construed in accordance with the following provisions, unless such interpretation and construction would be inconsistent with the manifest intent of the City Council.

§ 1-2 Definitions and word usage.

A. The following words shall have the meanings ascribed to them:

CHARTER

The Charter of the City of Roseville.

CITY

The City of Roseville.

COUNCIL or CITY COUNCIL

The legislative body of the City of Roseville.

[Amended 7-27-1999 by Ord. No. 1125]

COUNTY

The County of Macomb.

MONTH

A calendar month.

OWNER

Applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

PERSON

Includes firms, joint adventures, partnerships, corporations, clubs and all associations or organizations of natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof.

PRECEDING or FOLLOWING

When used by way of reference to any title, chapter or section of any ordinance of the City, the title, chapter or section next preceding or next following that in which such reference is made, unless some other title, chapter or section is expressly designated in such reference.

PROPERTY

Includes real and personal property.

PUBLIC PLACE

Any street, alley, park, cemetery or public building or any place of business or assembly or parking lot or any other premises open to the public or frequented by the public.

SEAL

In all cases in which the seal of any court or public office shall be required to be affixed to any paper issuing from such court or office, the impression of such seal on such paper alone, as well as the impression of such seal affixed thereto by means of a wafer or wax.

SIGNATURE or SUBSCRIPTION

Includes a mark when the person cannot write.

STATE

The State of Michigan.

WEEK

Seven days.

WRITTEN or IN WRITING

Includes any form of reproduction or expression of language.

YEAR

A calendar year; and the word "year," alone, shall be equivalent to the words "year of our Lord."

B. Word usage.

(1) Officers. The several officers, titles mean such officers of the City.

(2) Time. Whenever time is referred to, it means Eastern standard time or the time officially in force in the City.

(3) Tense. Words used in the present or past tense shall be construed as including the future as well as the present or past.

(4) Titles, headings and catchlines. The key words used in any ordinance as headings, titles or catchlines for chapters, sections and subsections are inserted for convenience and to facilitate the use of same, and such words shall not be construed to limit or affect the meaning of any of the provisions hereof.

(5) Gender. Words importing masculine gender shall apply to females and to firms, associations, partnerships and corporations.

(6) Number. Words in either the singular or plural numbers shall include either or both numbers and may apply in any instance to a particular person or persons.

(7) Conjunctive words. Conjunctive and disjunctive words may be interchangeable to effect the purpose of any provisions.

(8) Joint authority. All words purporting to give joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise expressly declared in the ordinance granting the authority.

(9) Sundays or legal holidays. Whenever any act required to be done pursuant to the provisions of any ordinance falls on a Sunday or legal holiday, that act shall be performed on the next succeeding business day.

(10) Oath, affirmation, sworn or affirmed. The word "oath" shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirmed."

§ 1-3 Performance of required actions.

Whenever any act is required to be done pursuant to the provisions of this Code or any ordinance of the City by any designated officer or official of the City, and such officer or official has not been appointed, such act shall be performed by the City Manager. Whenever in accordance with the provisions of this Code or any ordinance of the City any specific act is required to be done by any designated officer or official of the City, such act may be performed by any City employee duly authorized to perform that act by such officer or official.

§ 1-4 Computation of time.

The time within which an act is to be done, as provided in this Code or in any order issued pursuant to this Code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is a Sunday or a legal holiday it shall be excluded; and when the time is expressed in hours, the whole of a Sunday or a legal holiday, from 12:00 midnight to 12:00 midnight, shall be excluded.

§ 1-5 Effect of repealers.

Whenever an ordinance or any part thereof is repealed by a subsequent ordinance, such ordinance or any part thereof so repealed shall not be revived by the repeal of such subsequent repealing ordinance.

§ 1-6 Conflicting provisions of ordinances to be repealed.

Whenever an ordinance is adopted, all ordinances or parts of ordinances in conflict therewith shall, to the extent of such conflict, be repealed.

§ 1-7 Effect on penalties, forfeitures and liabilities.

The repeal of any ordinance or part thereof shall not release or relinquish any penalty, forfeiture or liability incurred under such ordinance or any part thereof, unless the repealing act shall so expressly provide, and such ordinance and part thereof shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.[1]

[1] Editor's Note: Former § 1-8, Severability, which immediately followed this section, was repealed 7-27-1999 by Ord. No. 1125.

§ 1-8 General penalty.

A. Whenever in this Code or any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense or whenever in this Code or such ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision by any person shall, upon conviction, be punished by a fine not exceeding $500, plus costs, or imprisonment for a term not exceeding 93 days, or both, except whenever a specific penalty is otherwise provided by state law.

[Amended 7-27-1999 by Ord. No. 1125; 7-22-2014 by Ord. No. 1269]

B. Any minor who violates any provision of this Code or any ordinance of the City shall be dealt with by the Family Division of the Circuit Court or as prescribed by the laws of the state.

C. Pursuant to the provisions of this general penalty section and elsewhere where any criminal penalty is provided by the Code of Ordinances or pursuant to any section which is adopting a code by reference, in addition to penalties providing for fine, imprisonment or both, the court, as a sanction, may collect reasonable costs of prosecution and court costs, including in whole or in part, the actual court costs or costs of prosecution, in addition to any other sanction or penalty provided.

[Added 7-22-2014 by Ord. No. 1269]

§ 1-9 Continuing violations.

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance shall be deemed a new and separate offense for each day that such condition continues to exist.