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."
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:
A. 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.
B. City. The word "City" shall mean the City of Kalamazoo,
Michigan.
C. City Commission. The term "City Commission" or "Commission"
shall mean the City Commission of the City of Kalamazoo.
D. Code. The term "this Code" or "Code" shall mean the Code of Ordinances, City of Kalamazoo, Michigan, as designated in §
1-1.
E. County. The term "the county" or "this county" shall
mean the County of Kalamazoo in the State of Michigan.
F. 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.
G. 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.
H. 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.
I. 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.
J. Or, and. "Or" may be read "and" and "and" may read
"or" if the sense requires it.
K. 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.
L. 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.
M. 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.
N. State. The term "the state" or "this state" shall
be construed to mean the State of Michigan.
O. 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.
P. Tense. Words used in the present or past tense include
the future as well as the present and past.
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.
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.
[Amended 3-6-1961 by Ord. No. 588; 9-11-1961 by Ord. No.
606]
A. 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].
(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.
B. 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.
C. 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.
D. 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.
[Amended 7-7-2003 by Ord. No. 1757; 8-17-2015 by Ord. No. 1934]
A. 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.
B. 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.
C. 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.
[Added 8-17-2015 by Ord.
No. 1934]
A. 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.
B. 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.
C. 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.
[Adm. Code, §§ A701 — A705]
A. 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.
B. 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.
C. 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.
D. 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.
[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]
A. 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.
B. 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.
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.
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.