City of Kalamazoo, MI General Provisions

The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Kalamazoo, Michigan," and may be so cited. Such Code may also be cited as the "Kalamazoo City Code."

§ 1-2 Rules of construction.

It is the legislative intent of the City Commission, in adopting this Code, that all provisions and sections of this Code be liberally construed to protect and preserve the peace, health, safety and welfare of the inhabitants of the City. In the construction of this Code and any amendment thereto, the following rules shall be observed, unless the context clearly indicates otherwise:

Charter. The word "Charter" shall mean the Charter of the City of Kalamazoo, adopted February 4, 1918, and shall include any amendment to such Charter.

City. The word "City" shall mean the City of Kalamazoo, Michigan.

City Commission. The term "City Commission" or "Commission" shall mean the City Commission of the City of Kalamazoo.

Code. The term "this Code" or "Code" shall mean the Code of Ordinances, City of Kalamazoo, Michigan, as designated in § 1-1.

County. The term "the county" or "this county" shall mean the County of Kalamazoo in the State of Michigan.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Health Department; Health Officer. The term "Health Department" shall mean the Kalamazoo County Health Department, and the term "Health Officer" shall mean the Director of such county department.

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

Officer. Whenever any officer is referred to by title only, such reference shall be construed as if followed by the words "of the City of Kalamazoo, Michigan." Whenever, by the provisions of this Code, any officer of the City is assigned any duty or empowered to perform any act or duty, reference to such officer shall mean and include such officer or his deputy or authorized subordinate.

Or, and. "Or" may be read "and" and "and" may read "or" if the sense requires it.

Person. The word "person" shall include any individual, copartnership, corporation, association, club, joint adventure, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit.

Public place. The term "public place" shall mean any place to or upon which the public resorts or travels, whether such place is owned or controlled by the City or any agency of the state or is a place to or upon which the public resorts or travels by custom or by invitation, express or implied. The term "public place" shall include any street, alley, park, public building, any place of business or assembly open to or frequented by the public, and any other place which is open to the public view, or to which the public has access.

Sidewalk. The word "sidewalk" shall mean 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.

State. The term "the state" or "this state" shall be construed to mean the State of Michigan.

Street, highway and alley. The word "street" or "highway" shall mean the entire width, subject to an easement for public right-of-way or owned in fee by the City, county or state, of every way or place, of 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.

Tense. Words used in the present or past tense include the future as well as the present and past.

§ 1-3 Section catchlines and other headings.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be the titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. No provision of this Code shall be held invalid by reason of deficiency in any such catchline or in any heading or title to any chapter, article or division.

§ 1-4 Certain ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall affect:

(1)

Any ordinance granting any franchise or special privilege or right;

(2)

Any ordinance establishing sewer and other public improvement districts;

(3)

Any ordinance providing for the construction of particular sewers, streets or sidewalks, or the improvement thereof, or for the construction and improvement of other public works;

(4)

Any ordinance authorizing the borrowing of money or the issuance of bonds or other evidence of indebtedness;

(5)

Ordinance No. 439, being the Zoning Ordinance set out in Appendix A of this Code, or any amendment thereto, or any ordinance zoning or rezoning specific property, or any other ordinance set out in said Appendix A;

(6)

Ordinance No. 541, being the Land Subdivision Standards Ordinance set out in Appendix B of this Code, or any amendment thereto;

(7)

Any ordinance, or part thereof, which is not of a general and permanent nature;

And all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the City Clerk's office.

§ 1-5 Code does not affect prior offenses, rights, etc.

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.

§ 1-6 Adoption of certain ordinances and regulations of County Health Department.

[Amended 3-6-1961 by Ord. No. 588; 9-11-1961 by Ord. No. 606]

The purpose of this section is to consolidate certain health regulations of the City with the County Health Department, avoid needless duplication of official documents, and ratify and clarify the official standing of regulations of the County Health Department. Authority for this section is based upon the following sources, which shall not be deemed exclusive:

(1)

State health statutes, including Act 306, PA 1927 [MSA § 14.165(1); MCLA § 327.205a[1]].

[1]

Editor's Note: MCLA § 327.201 et seq. was repealed by PA 1978, No. 368. See now the Public Health Code, MCLA § 333.1101 et seq.

(2)

Sections 53, 54 and 187 of the Charter.

(3)

Agreement between the City of Kalamazoo and the County of Kalamazoo creating the County Health Department, as authorized by the City Commission on December 14, 1959, effective January 1, 1960.

The following rules, regulations or ordinances of the County Health Department are hereby approved and adopted and shall be deemed in full force and effect within the limits of the City in all respects as though they were formally adopted as ordinances of the City, and all standards, powers, duties, licenses, fees and penalties or other provisions thereof shall be deemed in full force and effect within the City:

(1)

Food. Ordinance adopted by the Kalamazoo County Health Committee January 6, 1961, and approved by the Kalamazoo Board of Supervisors January 17, 1961, as amended for machine vendors March 22, 1961.

(2)

Meat. Ordinance adopted by the Kalamazoo County Health Committee November 13, 1959, and approved by the Kalamazoo County Board of Supervisors November 17, 1959.

(3)

Marine toilets. Ordinance adopted by the Kalamazoo County Health Committee July 7, 1961, and approved by the Kalamazoo County Board of Supervisors July 18, 1961.

(4)

Milk. Ordinance adopted by the Kalamazoo County Health Committee July 7, 1961, and approved by the Kalamazoo County Board of Supervisors July 18, 1961.

(5)

Rabies control. Ordinance adopted by the Kalamazoo County Health Committee on August 8, 1961, and approved by the Kalamazoo County Board of Supervisors August 15, 1961.

(6)

Rebound tumbling centers. Ordinance adopted by the Kalamazoo County Health Committee January 6, 1961, and approved by the Kalamazoo County Board of Supervisors January 17, 1961.

(7)

Refuse and garbage. Ordinance adopted by the Kalamazoo County Health Committee July 7, 1961, and approved by the Kalamazoo County Board of Supervisors July 18, 1961.

(8)

Sewage disposal. Ordinance adopted by the Kalamazoo County Health Committee March 25, 1960, and approved by the Kalamazoo County Board of Supervisors May 17, 1960.

(9)

Water supply. Ordinance adopted by the Kalamazoo County Health Committee March 25, 1960, and approved by the Kalamazoo County Board of Supervisors May 17, 1960.

All amendments to the rules, regulations or ordinances mentioned in Subsection B above duly promulgated and adopted, either heretofore or hereafter, upon the effective dates thereof, shall be deemed in full force and effect within the limits of the City, without further official action by the City Commission.

Pursuant to § 187 of the Charter, the power of the City to adopt ordinances relating to health, as set forth in said Charter, is expressly reserved to the City, and this section may be revised, amended or repealed as and when the City Commission may deem it in the best interests of the City to do so.

§ 1-7 General penalty for violations of Code and rules and regulations adopted under Code; continuing violations. [1]

[Amended 7-7-2003 by Ord. No. 1757; 8-17-2015 by Ord. No. 1934]

Notwithstanding those ordinance violations which are designated as municipal civil infractions pursuant to MCLA § 600.113, as amended, for which the procedures are administered pursuant to MCLA § 600.8701 et seq., as amended, and traffic civil infraction violations pursuant to Chapter 36 of this Code, whenever in this Code or in any rule or regulation adopted under this Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or rule or regulation the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code or rule or regulation shall be punishable 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. In the event that a violation of this Code substantially corresponds to a violation of state law punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both, then this Code may provide for the imposition of that punishment, as provided by state law. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.

The general misdemeanor penalties provided by this section, unless another penalty is expressly provided, shall apply to any amendment of this Code, whether or not such penalty is reenacted in the amendatory ordinance.

In addition to the penalties provided in this section, the City may enjoin or abate any violation of this Code or any rule or regulation adopted under this Code by appropriate action and may avail itself of any other remedy provided by law to enforce this Code or such rule or regulation.

[1]

Editor's Note: See also MCLA § 117.4i(k), regarding penalties.

§ 1-7.1 Municipal civil infraction procedure.

[Added 8-17-2015 by Ord. No. 1934]

As used in this Code, "municipal civil infraction" includes, but is not limited to, a trailway municipal civil infraction. The procedures in a municipal civil infraction action shall be administered in accordance with MCLA § 600.8701 et seq. A person receiving a municipal civil infraction citation for a violation of a City ordinance shall respond to the citation within the time period specified on the citation by admitting responsibility for the municipal civil infraction, admitting responsibility for the municipal civil infraction "with explanation," or by requesting an informal hearing or a formal hearing. If a person admits responsibility for a municipal civil infraction "with explanation," the court may consider the person's explanation by way of mitigating any sanction which the court may order. A person charged with a municipal civil infraction is not entitled to a jury trial. The burden of proof at an informal hearing or a formal hearing on a municipal civil infraction shall be by a preponderance of the evidence. The plaintiff and defendant are entitled to appeal an adverse judgment entered at an informal hearing to a formal hearing before a judge of the 8th District Court.

If the person to whom a municipal civil infraction citation is issued fails to appear as directed by the citation or fails to appear at a scheduled hearing, the court shall enter a default judgment against that person. If a defendant defaults in the payment of a civil fine, costs, or, if applicable, damages or expenses as ordered, the court may require the defendant to show cause why the default should not be treated as in civil contempt and may issue a summons or order to show cause or a bench warrant of arrest for the defendant's appearance, and the defendant may incur additional sanctions or penalties as provided in MCLA § 600.8727 through MCLA § 600.8729.

Pursuant to MCLA § 600.8701(a), all Kalamazoo Department of Public Safety police officers, community service officers and public safety officers are authorized to issue and serve municipal civil infraction citations. The City Manager may designate other City employees as legally authorized to issue and serve municipal civil infraction citations, but only for the specific sections of the Code as designated by the City Manager.

§ 1-8 Summons for violations in lieu of warrant.

[Adm. Code, §§ A701 — A705]

When any person shall violate any provision of this Code or other City ordinance, as an alterative to filing an order allowing issuance of a warrant, the City Attorney may issue a written order for the issuance of a summons to be issued from the appropriate court, addressed to a defendant, directing the defendant to appear before a District Judge at a designated future time for proceedings as hereinafter set forth. Such summons shall issue from the appropriate court. It shall designate the name of the issuing court, the offense charged in the underlying complaint and the name of the defendant to whom it is addressed and it shall be subscribed by the issuing judicial officer.

The summons provided for in this section shall be served by a police officer, district court process server, buildings-housing inspector or other persons authorized by the City Attorney.

The defendant shall not be fingerprinted or photographed in connection with the process provided for in this section, unless it is ordered by the City Attorney.

If the defendant does not appear in the designated court at the time the summons issued under this section is returnable, the court may issue a bench warrant for the arrest of the defendant or may issue a warrant therefor based upon the complaint filed.

§ 1-8.1 Appearance tickets.

[Amended 3-21-1977 by Ord. No. 1109; 5-19-1980 by Ord. No. 1202; 3-1-1982 by Ord. No. 1246; 10-25-1982 by Ord. No. 1271; 8-22-1983 by Ord. No. 1290; 6-15-1987 by Ord. No. 1416; 10-17-1988 by Ord. No. 1448]

Prosecution for violations of any of the following provisions of the Kalamazoo City Code may be commenced by the issuing of an appearance ticket: Chapters 4, 7, 8, 17, 18A, 18B, 21, 24, 25, and 37; Article III of Chapter 15; Article I of Chapter 23; Article V of Chapter 33; and §§ 3-1 and 3-2, 3-4 to 3-7, 15-3 to 15-5, 15A-2 and 15A-3, 19-11, 22-3, 22-6 to 22-15, 22-18 to 22-20, 22-22, 22-25 to 22-30, 22-37, 22-42, 22-42.1, 22-46, 22-50, 22-51, 22-53, 31-18, 31-19, 31-20, 31-21, 31-22, 33-11, 33-14, 33-16, 33-18 and 33-19.

All Kalamazoo Department of Public Safety police officers, community service officers, and public safety officers are hereby designated as appearance ticket officers and authorized to issue and serve appearance tickets. The City Manager or the Chief of Public Safety also may designate other City employees as appearance ticket officers. Those City employees designated as appearance ticket officers by the City Manager or Chief of Public Safety are authorized to issue and serve appearance tickets only for the specific sections of the Code as designated by the City Manager or Chief of Public Safety.

§ 1-9 Amendments to Code.

Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section _____ of the Code of Ordinances, City of Kalamazoo, Michigan (or Kalamazoo Code), is hereby amended to read as follows: _____." The new provisions shall then be set out in full as desired.

In the event a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances, City of Kalamazoo, Michigan (or Kalamazoo Code), is hereby amended by adding a section, to be numbered _____, which said section reads as follows: _____." The new section shall then be set out in full as desired.

§ 1-10 Supplementation of Code.

By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the City Commission. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

§ 1-11 Responsibility of officers with respect to assigned copies of Code.

Each City officer assigned a copy of this Code shall be responsible for maintaining the same and for the proper insertion of amendatory pages as received. Each such copy shall remain the property of the City and shall be turned over by the officer having custody thereof, upon expiration of his term of office, to his successor or to the City Clerk, in case he shall have no successor.

§ 1-12 Severability.

Should any provision or section of this Code be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions or sections, it being the intent of the City Commission that this Code shall stand, notwithstanding the invalidity of any provision or section thereof. The provisions of this section shall apply to the amendment of any section of this Code, whether or not the wording of this section is set forth in the amendatory ordinance.