[Adopted 2-28-1984 by Ord. No. 895 as
Art. I of Ch. 1 of the 1984 Code]
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.
A.Â
CHARTER
CITY
COUNCIL or CITY COUNCIL
COUNTY
MONTH
OWNER
PERSON
PRECEDING or FOLLOWING
PROPERTY
PUBLIC PLACE
SEAL
SIGNATURE or SUBSCRIPTION
STATE
WEEK
WRITTEN or IN WRITING
YEAR
The following words shall have the meanings ascribed
to them:
The Charter of the City of Roseville.
The City of Roseville.
The legislative body of the City of Roseville.
[Amended 7-27-1999 by Ord. No. 1125]
The County of Macomb.
A calendar month.
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.
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.
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.
Includes real and personal property.
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.
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.
Includes a mark when the person cannot write.
The State of Michigan.
Seven days.
Includes any form of reproduction or expression of language.
A calendar year; and the word "year," alone, shall be equivalent
to the words "year of our Lord."
B.Â
Word usage.
(1)Â
Officers. The several officers, titles mean such officers
of the City.
(2)Â
Time. Whenever time is referred to, it means Eastern
standard time or the time officially in force in the City.
(3)Â
Tense. Words used in the present or past tense shall
be construed as including the future as well as the present or past.
(4)Â
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)Â
Gender. Words importing masculine gender shall apply
to females and to firms, associations, partnerships and corporations.
(6)Â
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)Â
Conjunctive words. Conjunctive and disjunctive words
may be interchangeable to effect the purpose of any provisions.
(8)Â
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)Â
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)Â
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."
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.
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.
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.
Whenever an ordinance is adopted, all ordinances
or parts of ordinances in conflict therewith shall, to the extent
of such conflict, be repealed.
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.
A.Â
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.Â
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.Â
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]
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.