[HISTORY: Adopted by the Board of Trustees of the Charter Township
of East China as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Civil Infraction Bureau — See Ch.
17.
Parking Violations Bureau — See Ch.
73
[Adopted 11-18-1980 by Ord. No. 117
as Ch. 1-01 of the 1980 Code]
Violations of any of the provisions of this Code shall be separate offenses
each day they continue and may be independently prosecuted as such.
All violations of this Code shall be civil infractions, and upon conviction
thereof, shall be punishable by a fine of not more than $500. All penal provisions
in any ordinance heretofore adopted which are contrary to this provision are
hereby amended to conform to the provisions of this section.
A. No exemption from compliance. The imposition of any sentence
shall not exempt an offender from compliance with the provisions of this article.
B. Other appropriate relief. The foregoing penalties shall
not prohibit the Township from seeking injunctive relief against a violator
or such other appropriate relief as may be provided by law.
C. Each day a separate offense. A separate offense shall
be deemed committed upon each day during or when a violation occurs or continues.
D. Rights and remedies are cumulative. The rights and remedies
provided herein are cumulative and in addition to any other remedies provided
by law.
Any continuing violation of this Code is a nuisance per se and, in addition to the penalties provided in §
1-2, may be enjoined by any court of competent jurisdiction.
[Adopted 4-19-2004 by Ord. No. 285]
Pursuant to MCLA § 41.186, the ordinances of the Charter Township of East China of a general and permanent nature adopted by the Township Board of Trustees of the Charter Township of East China, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
1 through
480, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Charter Township of East China," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1980 Code of Ordinances
(adopted November 18, 1980, by Ord. No. 117) and 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 Charter Township
of East China 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 Charter Township of East China" 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 Charter Township of East China, 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 Charter Township
of East China 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 §
1-15 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 October 20, 2003.
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 of Trustees 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,
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.)