CHAPTER IV. OFFICERS AND GOVERNMENTAL PLAN

 

A. IN GENERAL

Section 1. Elective officers.
There shall be an annual election held in said village. In the even numbered years there shall be elected at large in said village the following officers, viz: one President and one Clerk. Three Trustees shall be elected annually. The President and Trustees shall constitute the Village Council.

Section 2. Terms.
The President and the Clerk shall each be elected for a term of two years. The Trustees shall each be elected for a term of two years. All officers shall hold office until their successors are elected and have qualified.

Section 3. Vacancies in elective offices.
If a vacancy occurs in any elective office, except by recall as provided in the general law pertaining thereto, the Council shall appoint an eligible person to fill such vacancy until the next regular municipal election. Any vacancy shall then be filled by election for the unexpired term.

Section 4. How vacancies occur.
Resignation of officers shall be made to the Council. If any person elected or appointed to office shall fail to take and file the oath of office, or shall fail to give bond or security required for the due performance of the duties of his office within the time herein limited, after receiving his certificate of election or his certificate of appointment, or dies, resigns, is removed from office, removes from the village, or is convicted of a felony, the council shall, at their next regular meeting thereafter, declare the office vacant, unless in the case of a failure to take and file such oath or to give such bond or security previously thereto he shall file the oath and give the requisite bond or security.

Section 5. Compensation.
The President and the Trustees shall each receive the sum of one dollar per year and the clerk shall receive the sum of one hundred dollars per year. Every other officer or employee of the
Village, except day laborers, or day employees, shall receive such salary or compensation payable in such manner and at such times as the Council shall by resolution provide.

Section 6. Compensation not to change.
The salary or rate of compensation of any elective or appointive officer of the Village shall not be increased or diminished after his election or appointment, and during his term of office;
and no person who shall have resigned or vacated any office shall be eligible to the same office during the term for which he was elected or appointed when during the same time the
salary or rate of compensation has been increased.

Section 7. Appointments.
All appointments to office shall be made by the Council on the nomination of the President. At the first regular meeting of the Council following the annual election, or as soon thereafter as
may be, the Council shall appoint a Treasurer, and also one of their number President pro tempore of the Council. The officers appointed by the Village Council, except officers appointed
to fill vacancies in elective offices, shall hold their respective offices until the third Wednesday of May next after such appointment, and until their successors are appointed and qualified,
and enter upon the duties of their office, unless a different term of office shall be provided in this charter, or in the ordinance creating the office, but no appointment shall be for a greater
term than one year. Any person elected to fill a vacancy shall hold office during the residue of the term of office in which the vacancy occurs, and any officer appointed to fill a vacancy in
any elective office shall hold such office until the next regular election.

Section 8. Appointive officers.
The Village Council shall appoint annually from its own number, or otherwise, a Village Treasurer, a Chief of Police, a Health Officer and a Corporation Counsel, and from its own number a
Board of Assessors as provided in Section 3 of Subdivision C of Chapter VI hereof consisting of three members; and may appoint from time to time, from its own number, or otherwise, such
other officers and administrative boards, for such period, not exceeding one year, as may be herein otherwise required or as it may deem proper, and may, by resolution, prescribe the
duties of such officers, or administrative boards, and require such bond security as it may deem necessary, unless in this charter otherwise provided. Notwithstanding any other provisions of
this Charter to the contrary, such appointive officers and members of such administrative boards need not be residents or electors of the Village of Grosse Pointe Shores.
(Amended by referendum of 5-19-1987)
State law references: Mandatory that Charter provide for appointment of other officers or administrative boards as may be considered necessary, MCL 78.23(b)

 

B. EXECUTIVE DEPARTMENTS

(a) The President

Section 1. Member of council.
The President shall be the chief executive officer of the village. He shall preside at the meetings of the Council. He shall be deemed a member of the Council, but he shall have no right to vote upon any question except in case of a tie, in which case he shall give the deciding vote. He shall from time to time give the Council information concerning the affairs of the village, and recommend such measures as he may deem expedient. It shall be his duty to exercise supervision over the affairs of the village and over the public property belonging thereto, and see that the laws relating to the village and the ordinances and regulations of the Council are enforced.

Section 2. Chief peace officer.
The President shall be a conservator of the peace and may exercise within the village the powers conferred upon sheriffs to suppress disorder; and shall have authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the Council, and to suppress riot and disorderly conduct.

Section 3. Duties.
He shall, with the Clerk, sign all records of the Council and he shall have authority at all times to examine and inspect the books, records and papers of any agent, employee or officer or administrative board of the Village, and shall perform generally all such duties as are, or may be, prescribed by this charter and the ordinances of the Village.


Section 4. President pro tempore.
In the absence, or disability, of the President the President pro tempore of the Council shall perform the duties of the President, but he shall retain all of his rights as a trustee of the
Village.

(b) The Clerk

Section 1. Clerk of the council, etc.
The Clerk shall keep the corporate seal and all the documents, official bonds, papers, files and records of the village, not by this charter, or the ordinances of the village, entrusted to some other officer; he shall be clerk of the Council and shall attend its meetings. In case of the absence of the Clerk, or, if from any cause he shall be unable to discharge, or be disqualified from performing, the duties required of him, then the Council may appoint one of their own number, or some other person to perform the duties of the Clerk for the time being. The Clerk shall record all the proceedings and resolutions of the Council, and shall record, or cause to be recorded, all the ordinances of the village. He shall countersign and register all licenses granted; he shall, when required, make and certify, under the seal of the village, copies of the papers and records filed and kept in his office; and such copies shall be evidence in all places of the matters therein contained, to the same extent as the original would be. He shall possess and exercise the powers of the township clerk so far as the same are required to be performed within the village, except as to the filing of chattel mortgages; and he shall have authority to administer oaths and affirmations.

Section 2. Accountant of village, etc.
The Clerk shall be the general accountant of the village; and all claims against the village shall be filed with him for adjustment. After examination thereof, he shall report the same, with all accompanying vouchers and counter-claims of the village, and the true balance as found by him, to the Council for allowance, and when allowed shall draw his warrant upon the Treasurer for the payment thereof, designating thereon the fund from which payment is to be made, and take proper receipts therefor; but no warrant shall be drawn upon any fund after the same has been exhausted. When any tax or money shall be levied, raised or appropriated, the Clerk shall report the amount thereof to the Village Treasurer, stating the objects for and funds from which it is levied, raised or appropriated, and the amounts thereof to be credited to each fund.

Section 3. Financial record, etc.
The Clerk shall have charge of all the books, vouchers and documents relating to the accounts, contracts, debts, and revenues of the village; he shall countersign and register all bonds issued, and keep a list of all property and effects belonging to the village, and of all its debts and liabilities; he shall keep a complete set of books, exhibiting the financial condition of the village in all its departments, funds, resources, and liabilities, with a proper classification thereof, and showing the purpose for which each fund was raised; he shall also keep an account with the Treasurer, in which he shall charge him with all the moneys received for each of the several funds of the village, and credit him with all warrants drawn thereon, keeping an account with each fund.

Section 4. Other duties.
The Clerk shall report to the Council, whenever required, a detailed statement of the receipts, expenditures, and financial condition of the village, of the debts to be paid, and moneys
necessary to meet the estimated expenses of the village, and shall perform such other duties pertaining to his office as the Council may require, or as may be required herein.

Section 5. To file oath and bond.
The Clerk shall file with the Treasurer a written oath of office, sworn to before any Justice of the Peace, or Notary Public of Wayne County, together with his official bond, within the time provided for the filing of bonds and the taking of official oath by the President and Trustees.

Section 6. Disposition of money collected by.
The Clerk shall pay over to the Village Treasurer at least once each week all moneys received by him belonging to the Village.

(c) The Treasurer

Section 1. Custodian of money, etc.
The Treasurer shall have the custody of all moneys, bonds other than official, mortgages, notes, leases, and evidences of value belonging to the Village; he shall receive all moneys belonging to, and receivable by the Village, and keep an account of all receipts and expenditures thereof; he shall pay no money out of the treasury, except in pursuance of and by authority of the law, and upon warrants signed by the Clerk and President, which shall specify the purpose for which the amounts thereof are to be paid, he shall collect and keep an account of and be charged with all taxes and moneys appropriated, raised, or received for each fund of the village, and shall keep a separate account of each fund, and shall credit thereto all moneys raised, paid in, or appropriated therefor, and shall pay every warrant out of the particular fund raised for the purpose for which the warrant was issued. The Council shall, by resolution, designate the depository or depositories of the funds, securities and other valuable papers belonging to the Village, and the manner in which such funds, securities or papers shall be withdrawn.
State law references: Designation of public fund depositories, MCL 129.11 et seq.; deposit of public moneys, MCL 211.43b.

Section 2. Reports to clerk and council.
The Treasurer shall render to the Clerk on the first Monday of every month, if required, a report of the amounts received and credited by him to each fund, and on what account received, and the amounts paid out by him from each fund during the preceding month, and the amount of money remaining in each fund on the date of his report. He shall also exhibit to the Council annually on the first day of May and whenever and for such period as the Council shall require, a full and detailed account of the receipts and disbursements of the treasury since the date of the last annual report, classifying them therein by the funds to which such receipts are credited and out of which such disbursements are made, and the balance remaining in each fund; which account shall be filed in the office of the clerk.

Section 3. Shall take vouchers.
Said Treasurer shall take vouchers for all moneys paid from the treasury, showing the amount and fund from which payment was made, which vouchers upon settlement with the proper officers of the village shall be surrendered and filed with the Clerk.

Section 4. Not to use village funds.
The Treasurer shall keep all moneys in his hands belonging to the village separate and distinct from his own moneys, and he is hereby prohibited from using, either directly or indirectly, the Village moneys, warrants, or evidences of debt in his custody or keeping, for his own use or benefit, or that of any other person; any violation of the provisions of this section shall work a forfeiture of his office, and the Council, on proof of the facts are authorized to declare the office vacant, and appoint his successor for the remainder of his term.

Section 5. Qualifications.
The Treasurer shall perform all duties of the Treasurer as prescribed by the Council and in addition thereto, except as in Sections 2 and 3, subdivision (b) of this chapter otherwise provided, shall have general authority and be in charge of and have supervision of the bookkeeping of the Village and keeping of accounts of all departments of the Village in addition to performing such other duties as may be assigned to him by the Council. He shall give a bond in such amount and with such sureties as shall be satisfactory to the Council. At no time shall the bond of the Village Treasurer be less in amount than the amount of money of the Village in his possession.

(d) The Board of Assessors

Section 1. Appointed by council.
There shall be appointed by the Council, upon nomination of the President, a Board of Assessors, consisting of three members, whose qualifications and duties are set forth in Section 3, Subdivision C, Chapter VI.

Section 2. Disqualification for interest.
If a member of the Board of Assessors shall be interested in any special assessment directed by the Council, there shall be appointed some other person to act in his stead in making the assessment, who, for the purpose of that assessment, shall be a member of the Board of Assessors.

(e) Department of Public Safety

(A) Police Department

Section 1. Council may establish, etc.
The Council shall have authority to provide for and establish a police force, and may authorize the President to appoint from time to time, such number of policemen as it shall deem expedient. All police of the Village shall be under the control and supervision of the President, who shall have power to employ and discharge members of the department at will. No member of the department shall be deemed an officer of the Village within the meaning of any provision of this charter, anything herein contained to the contrary notwithstanding.

Section 2. Powers and duties.
The members of the police force shall have power, and it shall be their duty, to suppress all riots, disturbances and breaches of the peace; to enforce the provisions of this charter and the ordinances of the Village; to arrest any person found in the act of violating the laws of the United States of America or the State of Michigan, the provisions of this charter or the ordinances of the Village, and to take such persons before the proper officer or magistrate for punishment; to make complaints against persons known or believed by them to be guilty of having violated such laws, charter or ordinances; to arrest all persons fleeing from justice; and to serve and execute all processes directed or delivered to them in proceedings for the violation of the ordinances of the Village or the laws of the State. For the preservation of the peace the police shall have all the powers given by law to constables and the Chief of Police shall have all the powers given by law to Marshals. When any person has committed or is suspected of having committed any crime or misdemeanor within the Village or has escaped from the custody of the police force, the police shall have the same right to pursue, arrest, and detain such person without the Village limits as the sheriff of the county.

Section 3. Additional duties, etc.
The Council shall have authority to impose upon the police such additional duties as may be necessary for the good government and order of the Village and its inhabitants.

Section 4. Record of arrests.
The Chief of Police shall keep a record of all arrests and the cause thereof, and shall enter therein within twenty-four hours after any person shall be arrested the name, address, age, and nationality of the person arrested, and if discharged without being taken before a court, the reason for such discharge, which record shall be the property of the Village.

Section 5. Fines payable to treasurer.
All moneys collected or received by police officers of the Village, unless otherwise directed by this charter, shall be paid over to the Chief of Police when received and the Chief of Police shall forthwith pay the same into the Village treasury, and the Treasurer's receipt therefor shall be filed with the Clerk.

(B) FIRE DEPARTMENT

Section 1. Powers of council.
The Council shall have power to enact such ordinances, and to establish and enforce such regulations as it shall deem necessary to guard against the occurrence of fires, and to protect the property and persons of the citizens against damage from accidents resulting therefrom, and for this purpose to establish and maintain a fire department, to organize and maintain fire companies, to employ and appoint firemen, to make and establish rules and regulations for the government of the department, the employees, firemen, and officers thereof, and for the care, maintenance, replacement and management of the engines, apparatus, property and buildings appertaining to the department; or in lieu thereof, in their discretion, to make such contracts with the fire department of the City of Detroit or with adjoining or nearby villages in respect thereto. The Council shall have power to contract with adjoining or nearby municipalities to furnish such municipalities with men, apparatus, and equipment for fire protection.

Section 2. Purchase of engines, etc.
The Council may purchase and provide suitable fire engines and apparatus for the extinguishment of fires; and may sink wells and construct and erect cisterns, hydrants, and reservoirs in the streets, public grounds and other suitable places in the village, and make all necessary provisions for a convenient supply of water for the use of the department.

Section 3. Buildings for departments.
The Council may also provide or erect all necessary buildings for keeping the engines, carriages, vehicles, and fire apparatus of the department.

Section 4. Appointment of fire chief.
The Council may provide by ordinance or resolution for the appointment of a chief of the fire department, who shall be subject to the direction of the President and the regulations of the Council; shall have the supervision and direction of the department and the care and management of the fire engines, apparatus and property.

Section 5. Chief may compel assistance at fires.
The chief of the fire department, or other officer acting as such, may command any person present at a fire to aid in the extinguishment thereof, and to assist in the protection of property thereat. If any person shall wilfully disobey any such lawful requirement or other lawful order of any such officer he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a period not exceeding ninety days, or by a fine not exceeding one hundred dollars, or by both such fine and imprisonment in the discretion of the court.

Section 6. Fire wardens.
The Council may provide by ordinance for the appointment of and may appoint such number of fire wardens as may be deemed necessary; and for the examination by them from time to time, of the stoves, furnaces and heating apparatus and devices in all dwellings, buildings, and structures within the village, and in all places where combustible or explosive substances are kept, and to cause all such as are unsafe with respect to fire, to be put in a safe condition.

Section 7. Fire limits.
The Council may prescribe by ordinance from time to time, limits or districts within the Village within which wooden buildings and structures shall not be erected, placed, or enlarged, and to direct the manner of constructing buildings within such district, with respect to protection against fire, and the material of which the outer walls and roofs shall be constructed.

Section 8. Limit of districts for dangerous trades, etc.
The Council may also prohibit within such places or districts as they shall deem expedient, the location of shops, the prosecution of any trade or business, the keeping of lumber yards, and the storing of lumber, wood, or other easily inflammable material in open places, when, in the opinion of the Council, the danger from fire is thereby increased. They may regulate the storing of gunpowder, oils, and other combustible and explosive substances, and the use of lights in buildings, and, generally, may pass and enforce such ordinances and regulations as they may deem necessary for the prevention and suppression of fires.

Section 9. Violation of fire ordinances a nuisance.
Every building or structure which may be erected, placed, enlarged, or kept, in violation of any ordinance or regulation lawfully made for the prevention of fires, is hereby declared to be a nuisance, and may be abated or removed by the direction of the council.

Section 10. Compensation for members of department.
The officers, firemen, and employees of the department shall receive such compensation as the Council may prescribe, and during their term of service shall be exempt from serving on juries. The Council may provide suitable compensation for any injury which any fireman may receive to his person or property, in consequence of the performance of his duties at any fire.

Section 11. When building pulled down to arrest fires.
The chief in charge of the department at any fire, with the concurrence of the president or any two trustees, may cause any building to be pulled down or destroyed, when deemed necessary in order to arrest the progress of the fire. Whenever any building is so pulled down or destroyed, any person having an interest in such building may present his claim for damages to the Council of the village, and it shall thereupon be the duty of the Council to pay such claimant such damages as may be just under all circumstances, taking into consideration the fact whether or not such loss would probably have occurred to such building if it had not been pulled down or destroyed, and whether the same was insured or not. If the Council and such claimant shall not be able to agree upon the amount of damages to be paid such claimant, then the amount of such damages shall be ascertained by the appraisal of a jury to be selected in the same manner as in cases of a jury to appraise damages for taking private property for public use. Such jury may visit the premises and may hear all the proofs in the case, and shall allow such claimant such amount of damages as they may deem proper under all the circumstances, as above stated. If such jury shall not be able to agree, a new jury shall be empaneled as above provided until a jury has been obtained that shall agree, and the Council shall pay such claimant the amount of damages fixed by such jury. There shall be
no appeal from the verdict of such jury either by the village or any claimant.

Section 12. Regulation of water craft.
The Council of the village may by ordinance prescribe such regulations to be observed by owners, masters and employees of steamboats and water craft as may be necessary for the prevention of fires in the harbor and to prevent the communication of fire from such boats and craft, and may prescribe in such ordinances the manner of collecting any penalties imposed thereby.

(f) Department of Law

Corporation Counsel

Section 1. Duties.
The attorney appointed by the Council as the Corporation Counsel of the Village, in addition to the other duties prescribed in this charter, shall be the legal adviser of the Council and of all officers of the Village and shall act as the attorney for the Village in all legal proceedings in which the Village is interested and shall prosecute all offenses against the ordinances of the Village. He shall perform such other duties in relation to the legal matters of the Village as shall be required of him by the Council.

Section 2. Qualifications.
No person shall be appointed to the office of Corporation Counsel of the Village unless he shall have been a member of the bar of the State in good standing for a period of not less than five years.

(g) Superintendent of the Village

Section 1. Council may appoint.
The Council shall have power to appoint, for a fixed or an indefinite period and to discharge a superintendent of the village and fix the compensation for his services. Such superintendent shall have such powers and duties as the Council shall by ordinance or resolution prescribe. The superintendent may be required to perform duties herein delegated to one or several of the departments of the Village and may serve as an officer or as a deputy of any of the officers of the Village without additional compensation for the performance of such duties.
[The superintendent is now called the village manager.]

 

C. LEGISLATIVE DEPARTMENT

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.



©The Village of Grosse Pointe Shores, 2004