Section
1. Legislative authority.
The legislative authority of the village shall be vested in a Council
consisting of the President and Trustees.
Section
2. President of village to preside.
The President shall be President of the Council, and preside at the
meetings thereof.
Section
3. President's absence.
The president pro-tempore of the Council, in the absence of the President,
shall preside at the meetings thereof, and exercise the powers and duties
of the President. In the absence of the President and President pro
tempore, the Council shall appoint one of its number to preside.
Section
4. Time of meetings.
The Council shall hold regular stated meetings for the transaction of
business, at such times as it shall prescribe, not less than one of
which shall be held in each month. The President or any three members
of the Council may appoint special meetings thereof, notice of which,
in writing, setting forth in general terms the business to be transacted,
shall be given to each Trustee, or be left at his place of residence
at least six hours before the meeting: Provided, That if all the members
of the Council shall be present at any special meeting without proper
notice, such notice shall be deemed to have been waived, and the meeting
legal.
State law references: Mandatory that Charter provide for public meetings,
MCL 78.23(j); open meetings act, MCL 15.261 et seq.
Section
5. Proceedings.
The Council shall prescribe the rules of its own proceedings, and shall
keep a record thereof in the English language. All meetings and sessions
of the Council shall be public. Four members of the Council shall be
a quorum for the transaction of business; a less number may adjourn
from time to time. But no office shall be created or abolished nor any
tax or assessment be imposed; street, alley or public ground be vacated,
real estate or any interest therein purchased, leased, sold, or disposed
of, or any public improvement ordered, unless by a concurring vote of
two-thirds of all the Trustees elect, which vote shall be taken by yeas
and nays, and entered upon the journal; no money shall be appropriated
except by ordinance or resolution of the Council, nor shall any such
ordinance be passed nor any resolution appropriating money be adopted,
except by a concurring yea and nay vote of two-thirds of all the
Trustees elect. No action, resolution or ordinance requiring a two-thirds
vote as herein provided shall take effect prior to one week after its
passage or adoption and shall so state in such action, resolution or
ordinance. All records of the Village shall be subject to public inspection
at any proper time.
State law references: Mandatory that Charter provide for public meetings
and records, MCL 78.23(j); open meetings act, MCL 15.261 et seq.; freedom
of information act, MCL 15.231 et
seq.
Section
6. Veto.
In all matters requiring the concurring vote of two-thirds of the Trustees
as provided in the preceding section and within the week which shall
elapse before the ordinance, resolution, or act, so passed, shall be
in force and effect, the President shall have the power of veto of all
or any part of, the ordinance, resolution, or action, which he shall
exercise in writing, briefly stating his objection to such action, resolution,
or ordinance, or part thereof, over his signature, and file the same
with the Clerk within the time stated, who shall enter the same in the
record book of the Council proceedings. Upon a veto being exercised
the Council shall thereupon proceed to reconsider its previous action,
and may pass such action, resolution, or ordinance, or part thereof,
over the veto by five concurring votes, provided the period of one week
has elapsed since the date of the filing of the veto with the Clerk.
Section
7. Matters referred to electors.
No franchises, rights, or easements which are not revocable at the will
of the Council shall be granted in, upon, above, or beneath, the streets,
alleys, parks, highways, or property of the village, or in, upon, above,
or beneath, any property in, or without, the village over which the
council has jurisdiction, nor any extension or renewal made of existing
franchises, rights, or easements in, upon, above, or beneath, the said
streets, alleys, parks, highways or property, of the village which are
not revocable at the will of the council; no purchase, or lease shall
be made of grounds for erecting public buildings, parks, or for other
public improvements, or purposes, or the establishment of a water works,
the payment for which is to be provided for by the
issuance of bonds, or by extra tax or loan; unless the question of making
such grant, extension or renewal, purchase, lease or contract shall
first be submitted to and be approved by a two-thirds affirmative vote
of the electors of the village voting at said election in the manner
as provided in Subdivision C, of Chapter III of this Charter.
Section
8. Council to audit accounts.
The council shall audit and allow all accounts chargeable against the
village; but no account, or claim, or contract, shall be received for
audit or allowance, unless it shall be accompanied with a certificate
of an officer of the Village, or an affidavit of the person or on behalf
of the firm rendering it, to the effect that affiant verily believes
that the services therein charged have been actually performed or the
property delivered to the village, that the sums charged therefor are
reasonable and just, and that to the best of his knowledge and belief,
no set-off exists, nor payment made on account thereof, except such
as are indorsed or referred to in such account or claim. And every such
account shall exhibit in detail all the items making up the amount claimed
and the true date of each. It shall be a sufficient defense in any court,
to any action or proceeding for the collection of any demand or claim
against the village for personal injuries or otherwise that it has never
been presented, certified to or verified as aforesaid, to the council
for allowance; or if such claim is founded on contract, that the same
was presented without the certificate or affidavit aforesaid and rejected
for that reason; or, that the action or proceeding was brought before
the Council had a reasonable time to investigate and pass upon it.
Section
9. Powers and duties.
The powers and duties of the Council shall be both legislative and administrative
in character.
Section
10. Compelling attendance.
The Council shall have such powers as are usually had by legislative
bodies to compel attendance of its own members and of witnesses summoned
before it.
Section
11. Has powers of the village.
The Council shall have such powers and perform such duties as are expressly
delegated to it by the provisions of this Charter; and, except as herein
otherwise provided, all powers of the
village shall be vested in the Council.
Section
12. Change duties of officers.
The Council shall have power, by a two-thirds affirmative vote, to supplement
or change the duties of the Clerk and Treasurer, and to prescribe, change
or alter the duties of such other
officers, or administrative boards, as it may deem necessary.
Section
13. Licenses.
The Council shall have power to prescribe the terms and conditions upon
which licenses may be granted, and may exact and require payment of
such sums for any license as shall be reasonable and proper. The person
receiving the license shall, if required by the Council or by an ordinance
of the village, before the issuing thereof, execute a bond to the village
in such sum as the Council may prescribe, with one or more sufficient
sureties, conditioned for the faithful observance of the laws of the
village, and otherwise conditioned as the Council may prescribe. Every
license shall be revocable by the Council at pleasure; and when any
license shall be revoked for non-compliance with the terms and conditions
upon which it was granted, or on account of any violation of any ordinance
or regulation passed or authorized by the Council, the person holding
such license shall, in addition to all other penalties imposed, forfeit
all
payment made for such license. And the Council may provide for punishment,
by fine or imprisonment or both, of any person who, without license
shall exercise any occupation or trade or do anything for or in respect
to which any license shall be required by any ordinance or regulation
of the Council.
Section
14. Pounds.
The Council shall have power to provide and maintain one or more pounds
within the village, and may appoint pound masters, prescribe their powers
and duties, and fix their compensation, and may authorize the impounding
of all beasts and fowls found in the streets or otherwise at large,
contrary to any ordinance of the village, and all vehicles violating
the traffic ordinance of the village, and if there shall be no pound
or pound master they may provide for the impounding of such beasts,
fowls and vehicles by the village police, in some suitable place, under
their immediate care and inspection and may confer on them the powers
and duties of pound masters. The Council may also prescribe the fees
for impounding, and the amount or rate of expenses for keeping, and
the charges to be paid by the owner or keeper of the beasts or fowls
or the owner or driver of the vehicle impounded; and may authorize the
sale of such beasts, fowls and vehicles for the payment of such fees,
expenses and charges, and for penalties incurred, and may impose penalties
for rescuing any beast or fowl impounded.
Section
15. Removal of snow and ice; maintenance and repair of sidewalks.
The Council shall also have power either by ordinance or resolution
to cause and require the owners and occupants of any lot or premises
to remove all snow and ice from the sidewalks in front of or adjacent
to such lot and premises, and to keep the same free from obstructions,
encroachments, incumbrances, filth and other nuisances: Provided, that
the Council may, by a two-thirds vote of all the members elect, provide
by ordinance or resolution for the rebuilding, maintaining and keeping
in repair of all sidewalks within the village, and for the removing
of all ice and snow therefrom, and for keeping the same free from incumbrances,
and pay the expense thereof from the village funds, or from the street
district fund of any street district in which
such sidewalk may be located.
Section
16. Village may do work--Assess costs.
If the owner or occupant of any lot or premises shall fail to construct
or maintain any particular sidewalk, as mentioned and prescribed in
the section next preceding or shall fail to keep the same in repair,
or to remove the snow, ice and filth therefrom, or to remove and keep
the same free from obstructions, encroachments, incumbrances, or other
nuisances, or shall fail to perform any other duty required by the Council
in respect to such sidewalks, within such time and such manner as the
Council shall require, the Council may cause the same to be done, and
such sidewalk to be constructed or repaired, at the expense of such
owner or occupant, and the Council may cause the amount of all expenses
incurred thereby, together with a penalty of ten per cent in addition
thereto, to be reported to the Board of Assessors, to be levied by them
as a special tax or assessment upon the lot or premises adjacent to
and abutting upon such sidewalk, which special assessment shall be subject
to review after proper notice has been given as in all other cases of
special assessments provided for by this charter; and such tax when
confirmed shall be a lien upon such lot or premises the same as other
special assessments, and the Council shall order the Board of Assessors
of the village to spread said amount, together with such penalty, upon
the roll as a special assessment upon such lot or premises, and the
same shall be collected in the same manner as other village taxes; or
the village may collect such amount, together with the penalty aforesaid,
from the owner or occupant of such premises in an action of assumpsit,
together with costs of suit.
Section
17. Signs and awnings over sidewalks.
The Council shall have power to regulate and prohibit the placing of
signs, awnings, awning posts and other things upon or over sidewalks,
and to regulate or prohibit the construction and use of openings in
the sidewalks, and of all vaults, structures and excavations under the
same.
Section
18. Prevention of obstructions.
The Council shall have power to prohibit and prevent obstructions and
incumbrances in and encroachments upon the public highways, streets
and alleys of the village, and remove the same; and to punish those
who shall obstruct, encumber, encroach or maintain any encroachment,
upon or in any such highway, street or alley; and to require all such
persons to remove every such obstruction, incumbrance or encroachment.
Section
19. Planting of trees--Lighting of streets.
The Council may provide for and regulate the planting of shade and ornamental
trees in public highways, streets and avenues of the village, and for
the protection thereof, and the trimming of all trees in or that overhang
such highways, streets or avenues, or which obstruct public lighting,
and may light the streets and public places, and regulate the setting
of lamps and lamp posts therein and protect the same.
Section
20. Travel on highways.
The Council may regulate the use of public highways, streets, avenues
and alleys of the village, subject to the right of travel and passage
therein. They shall have authority to prescribe the stands for all vehicles
kept for hire, or used for the transportation of persons or property
for hire; to prohibit entirely or to designate the places where loads
of wood, coal, hay and other articles may stand for sale; to regulate
or prohibit the display, use or placing of signs, advertisements, banners,
awnings, posts, poles or lamps in or over the streets; to regulate or
prohibit all such sports, amusements, parades, proceeding and gatherings
of crowds in the streets as may interfere with the lawful use thereof,
or render travel or passage therein inconvenient or unsafe; to prohibit
and prevent the running at large of beasts and fowls in the streets
or elsewhere in the village, and to impose penalties upon the owners
or keepers thereof permitting the same; to cleanse and purify the streets
and to prohibit, prevent, remove and abate all nuisances therein, and
to require the authors and maintainers thereof to remove the same, and
to punish them for the creation or maintenance thereof, and generally
to prescribe and enforce all such police regulations over and in respect
to the public streets as may be necessary to secure good order and safety
to persons and property in the lawful use thereof, and to promote the
general welfare; and in addition to all other powers herein granted,
the Council shall have the same authority and powers over and in respect
to the public streets of the village as are conferred by law upon highway
commissioners in townships.
Section
21. Markets and market places.
The Council shall have the power to establish and regulate markets and
market places, for the sale of meats, fish, vegetables, and other provisions
and articles necessary for the sustenance and convenience of the inhabitants;
to prescribe the times for opening and closing the same; the kind and
description of articles which may be sold; and the stands and places
to be occupied by the vendors.
Section
22. Sale of impure foods.
The Council may adopt and enforce such regulations as may be necessary
to prevent fraud and to preserve order in the markets; and may authorize
the immediate arrest, and removal from the market, of any person violating
such regulations, together with any article in his possession; and may
authorize the seizure and destruction of tainted or unsound meats, or
other provisions exposed for sale therein, or elsewhere in the village.
Section
23. Public health.
The Council may enact all such ordinances as may be deemed necessary
for the preservation and protection of the health of the inhabitants
of the village; and to prevent the introduction of communicable, infectious
or contagious diseases within the village or within one mile thereof;
and for the removal of persons or animals having such diseases, or who,
from exposure thereto, or otherwise, may be suspected or believed to
be liable to communicate the same, either beyond the corporate limits,
or to such hospital or place of treatment as the Council may prescribe
and the public safety may require.
Section
24. Nuisances.
The Council shall have power to prevent and remove or abate all nuisances
and may require any person, corporation or company causing such nuisance,
and the owner or occupant of any lot or premises upon or in which any
such nuisance or cause of disease may be found, to remove or abate the
same upon such notice, and within such time and in such manner as the
Council may by ordinance or resolution direct.
Section
25. Cellars, buildings, etc., as nuisance.
If any cellar, vault, lot, sewer, drain, place or premises within the
village, shall be damp, unwholesome, offensive or filthy, or be covered
during any portion of the year with stagnant or impure water, or shall
be in such condition as to produce offensive exhalations, the Council
may cause the same to be drained, filled up, cleansed or purified; or
may require the owner or occupant, or person in charge of such lot,
premises or place, to perform such duty; and may require the owner or
occupant of any building, fence or structure which may be ruinous, or
liable to fall and injure persons or property, to pull down or remove
the same, or the Council may cause the same to be done by any employee
of the Village.
Section
26. Expense for removal of nuisance.
If the owner or occupant of any lot or premises, when required by the
Council or Board of Health to remove any unsafe building or structure,
or to cleanse, purify or drain such lot or premises, or to abate or
remove any nuisance therefrom, shall neglect so to do, and the Council
shall incur any expense in causing the same to be done, such expense
may be charged upon such lot or premises, and collected as a special
assessment thereon; or such expense may be recovered by the Village
in an action of assumpsit against the owner or occupant of any such
lot or premises.
Section
27. Village hospital.
The Council may provide for the care and treatment of such sick and
diseased persons as to the Council or Board of Health of the village
shall seem proper; and by direction of the Council or Board, persons
having any communicable, infectious, or contagious disease, may be removed
to any designated hospital, and there detained and treated, when the
public safety may so require; and the Council may provide such restraints
and punishments as may be necessary to prevent any such person from
departing from such hospital until duly discharged.
Section
28. Board of health.
The Council shall have all the powers and authority conferred upon boards
of health by the general laws of the state, so far as the same are applicable;
and they may enact such ordinances or pass such resolutions as may be
necessary for regulating the proceedings and mode of exercising such
powers. When the Council shall deem it necessary, they may establish
a board of health for the village, and appoint officers therefor, and
make rules for its government, and invest it with such powers and authority
as may be necessary for the protection and preservation of the health
of the inhabitants.