[HISTORY: Adopted by Board of Trustees of the Charter Township of Northville as indicated in article histories. Amendments noted where applicable.]
Appearance tickets — See Ch. 4.
[Adopted 7-11-1991 as Ch. 1 of the Code of Ordinances]
Publication of the codification of the ordinances of the Charter Township of Northville is hereby directed.
Twenty-five copies of the Code shall be printed and distributed as follows:
Supervisor: 1 copy.
Each Board member: 1 copy each.
Clerk: two copies.
Attorney: two copies.
Treasurer: one copy.
Finance Director: one copy.
Director of Public Safety: two copies.
Planning and Zoning Administrator: one copy.
Director of Public Services: one copy.
Building Official: one copy.
Planning Consultant: one copy.
Township Engineer: one copy.
Reserve: five copies.
Copies of the original printing of this Code shall be published and made available to the public at a reasonable charge. In addition, the Clerk shall keep one copy of the Code available for public inspection during office hours. (State law reference: MCL 41.641)
This Code shall be amended by ordinance. The title of each amendatory ordinance, adapted to the particular circumstances and purposes of the amendment, shall be substantially as follows.
Amendments to the Code shall be published as required by law and not less than 25 copies of each amendment shall be published suitable for insertion in the copies of the Code. The Township Clerk shall distribute such copies to the officers of the Township having copies of the Code assigned to them. Each officer assigned a copy of the Code shall be responsible for maintaining the same and for the proper insertion of amendatory pages as received. Each copy of said Code shall remain the property of the Township and shall be turned over by each officer having custody thereof upon expiration of his term of office to his successor, or to the Township Clerk, in case he shall have no successor.
No provision of this Code shall be held invalid by reason of deficiency in any chapter or section heading.
Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do so said act.
The following words and phrases, when used in this Code and any amendment thereto, shall for the purposes of this Code have the meanings respectively ascribed to them in this section except in those instances where the context clearly indicates a different meeting:
- Includes any individual, copartnership, corporation, association, club, joint adventure, estate, trust and any other group of combination acting as a unit and the individuals constituting such group or unit.
- PUBLIC PLACE
- Any place to or upon which the public resorts to travels, whether such place is owned or controlled by the Township, Wayne County, or any agency of the State of Michigan or is a place to or upon which the public resorts or travels by custom or by invitation, express or implied.
- STREET, HIGHWAY and ALLEY
- The entire width subject to an easement for public right-of-way or owned in fee by the Township, County or state of every way or place, or whatever nature, whenever any part thereof is open to the use of the public as a matter of right for purposes of public travel. The word "alley" shall mean any such way or place providing a secondary means of ingress and egress from a property.
- That portion of a street between the curblines or lateral lines and the right-of-way lines, which is intended for the use of pedestrians.
- The Charter Township of Northville.
Whenever, by the provisions of this Code, any officer of the Township is assigned any duty or empowered to perform any act or duty, the title of said officer shall mean and include such officer or his deputy or authorized subordinate.
Except as otherwise specifically provided or indicated by the content, all words used in this Code indicating the present tense shall not be limited to the time of adoption of this Code but shall extend to and include the time of the happening of any act, event or requirements for which provision is made herein either as a power, immunity, requirement or prohibition, and any words denoting masculine gender shall include the feminine gender.
Should any portion, provision or section of this Code, or of any ordinance adopted by the Township Board, be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining portions, provisions or sections, it being the intent of the Township Board that this Code and its ordinances shall stand, notwithstanding the invalidity of any portion, provision or section thereof. The provisions of this section shall apply to the amendment of any section of this Code and to any ordinance adopted by the Township Board, whether or not the wording of this section is set forth in the amendatory ordinance.
Notice regarding sidewalk repairs, sewer or water connections, dangerous structures, abating nuisances, or any other act, the extension of which if performed by the Township may be assessed against the premises under the provisions of this Code, shall be served:
By delivering the notice to the owner personally, or by leaving the same at his residence, office or place of business, with some person of suitable age and discretion; or
By mailing said notice by certified or registered mail to such owner at his last known address; or
If the owner is unknown, by positing said notice in some conspicuous place on the premises at least five days before the act or action concerning which the notice is given. No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by a Township officer, unless permission is given by said officer to remove said notice; or
As otherwise specified in this Code.
Unless another penalty is expressly provided by this Code for any particular provision or section, every person convicted of a violation of any provision of this Code or any rule or any rule or regulation adopted or issued in pursuance thereof, other than a violation which is designated as a civil infraction or a municipal civil infraction, shall be punished by a fine of not more than $500 and costs of prosecution or by imprisonment for not more than 90 days or by both such fine and imprisonment. A civil fine shall be imposed for any violation which is designated as a civil infraction without limitations as to amounts. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this Code, whether or not such penalty is reenacted in the amendatory ordinance.
In case of the amendment of any section of the Code for which a penalty is not provided, the general penalty, as provided in Subsection B of this section of the Code, applies to the section as amended. In case the amendment contains certain provisions for which a penalty other than the aforementioned general penalty provided in another section of the same chapter, the penalty provided in the other section applies to the section amended, unless that penalty is specifically repealed.
In any misdemeanor under this Code, or adopted by this Code from state law, the court may assess any penalty provided by this Code or under adopted state law. In addition to those penalties, the court may sanction the defendant upon a finding of guilt, no contest plea or guilty plea, for court costs, including but not limited to the following:
The expenses for which costs may be ordered under this section include all of the following:
The salaries, wages or other compensation, including employment benefits, overtime pay of law enforcement personnel for time spent responding to the incident from which the conviction arose, arresting the person convicted, processing the person after the arrest, preparing reports on the incident, investigating the incident, and collecting and analyzing evidence, including, but not limited to, determining bodily alcohol content and determining the presence of and identifying controlled substances in the blood, breath, or urine.
The salaries, wages, or other compensation, including employment benefits, overtime pay of fire department and emergency medical service personnel, including volunteer firefighters or volunteer emergency medical service personnel, for time spent in responding to and providing firefighting, rescue, and emergency medical services in relation to the incident from which the conviction arose.
The cost of medical supplies lost or expended by Fire Department and emergency medical service personnel, including volunteer firefighters or volunteer emergency medical service personnel, in providing services in relation to the incident from which the conviction arose.
The salaries, wages, or other compensation, including, but not limited to, overtime pay of prosecution personnel, for time spent investigating and prosecuting the crime or crimes resulting in conviction.
If police, Fire Department, or emergency medical service personnel from more than one unit of government incurred expenses as described in Subsection C(1), the court may order the person convicted to reimburse each unit of government for the expenses it incurred.
The amount ordered to be paid under this section shall be paid to the Clerk of the court, who shall transmit the appropriate amount to the unit or units of government named in the order to receive reimbursement. If not otherwise provided by the court under this subsection, the reimbursement ordered under this section shall be made immediately. However, the court may require that the person make the reimbursement ordered under this section within a specified period or in specified installments.
If the person convicted is placed on probation, any reimbursement ordered under this section shall be a condition of that probation. The court may revoke probation if the person fails to comply with the order and if the person has not made a good faith effort to comply with the order. In determining whether to revoke probation, the court shall consider the person's employment status, earning ability, number of dependents, and financial resources, the willfulness of the person's failure to pay, and any other special circumstances that may have a bearing on the person's ability to pay.
An order for reimbursement under this section may be enforced by the prosecuting attorney in the order to receive the costs in the same manner as a judgment in a civil action.
Notwithstanding any other provision of this section, a person shall not be jailed, or incarcerated for a violation of probation, or otherwise, for failure to pay costs as ordered under this section unless the court determines that the person has the resources to pay the ordered costs and has not made a good faith effort to do so.
The Code of ordinances, consisting of Chapters 1 to 176, is adopted and enacted as the "Code of Ordinances, Charter Township of Northville, Michigan" and supersedes all general and permanent ordinances of the Township adopted on or before October, 2002.
All Township ordinances of a general and permanent nature adopted on or before October 17, 2002, and not included in the Code or recognized and continued in force by the Code are repealed from and after the effective date of the Code.
The repeal provided for in § 1-12 above does not revive part or all of any ordinance that is repealed by this ordinance.
Unless another penalty is expressly provided, a violation of any provision of the Code, or any provision of any rule or regulation adopted or issued pursuant to the Code, shall be punished by a fine of not more than $500 or by imprisonment for not more than 90 days, or both. Each act of violation and each day upon which any continuing violation exists constitutes a separate offense.
Additions or amendments to the Code, when passed in the form as to indicate the intention of the Township Board to make them a part of the Code, are incorporated in the Code, so that reference to the Code includes the additions and amendments.
In case of the amendment of any section of the Code for which a penalty is not provided, the general penalty, as provided in § 1-14 of this ordinance and in § 1-10 of the Code, applies to the section as amended. In case the amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another section in the same chapter, the penalty provided in the other section applies to the section amended, unless that penalty is specifically repealed.
The repeal provided for herein shall not abrogate or affect any offense or act committed or done, or any penalty or forfeiture incurred, or any pending litigation or prosecution of any right established or occurring prior to the effective date of this ordinance.
Any ordinance adopted after October 17, 2002, which amends or refers to ordinances, which have been codified in the Code, amends or refers to like provisions of the Code.
A complete copy of the Code is available at the office of the Township Clerk for inspection by the public during regular business hours.
This ordinance and the Code shall become effective October 24, 2002, after publication in a manner prescribed by law.
This ordinance is declared enacted by the Township Board of the Charter Township of Northville at a meeting duly called and held on the 17th day of October, 2002, and ordered to be given publication in the manner prescribed by law.