[HISTORY: Adopted by Board of Trustees of
the Charter Township of Northville as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
[Adopted 7-11-1991 as Ch. 1 of the Code of Ordinances]
A.
Publication of the codification of the ordinances
of the Charter Township of Northville is hereby directed.
B.
Twenty-five copies of the Code shall be printed and
distributed as follows:
(1)
Supervisor: 1 copy.
(2)
Each Board member: 1 copy each.
(3)
Clerk: two copies.
(4)
Attorney: two copies.
(5)
Treasurer: one copy.
(6)
Finance Director: one copy.
(7)
Director of Public Safety: two copies.
(8)
Planning and Zoning Administrator: one copy.
(9)
Director of Public Services: one copy.
(10)
Building Official: one copy.
(11)
Planning Consultant: one copy.
(12)
Township Engineer: one copy.
(13)
Reserve: five copies.
C.
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.
A.
To amend any section:
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AN ORDINANCE TO AMEND SECTION (OR SECTIONS______
AND) OF CHAPTER______ OF PART OF THE CODE OF THE CHARTER TOWNSHIP
OF NORTHVILLE.
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B.
To insert a new section, chapter or part:
|
AN ORDINANCE TO AMEND THE CODE OF THE CHARTER
TOWNSHIP OF NORTHVILLE BY ADDING A NEW SECTION (NEW SECTIONS, A NEW
CHAPTER OR A NEW PART, as the case may be) WHICH NEW SECTION (SECTIONS,
CHAPTER OR PART) SHALL BE DESIGNATED AS SECTION______ (SECTIONS ______
AND ______) OF CHAPTER ______ OF PART___________ (or proper designation
if a chapter or part is added) OF SAID CODE.
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C.
To repeal a section, chapter or part:
|
AN ORDINANCE TO REPEAL SECTION ______(SECTIONS
_____AND _____), CHAPTER ______, PART ______, (as the case may be)
OF THE CODE OF THE CHARTER TOWNSHIP OF NORTHVILLE.
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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.
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.
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.
[Added 5-20-2004]
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:
A.
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
B.
By mailing said notice by certified or registered
mail to such owner at his last known address; or
C.
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
D.
As otherwise specified in this Code.
A.
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.
B.
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.
C.
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:
[Added 9-18-2014]
(1)
The
expenses for which costs may be ordered under this section include
all of the following:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
COSTS
EMPLOYMENT BENEFITS
As used
in this section:
Shall also mean restitution for costs of prosecution.
The costs of prorated fringe benefits paid to an employee
for time spent in the conviction of the case.
[Adopted 10-17-2002]
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.
