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Section 1.
Power to enact.
The Council shall have power to adopt, continue, amend or repeal ordinances
under this charter.
State law references: Mandatory that Charter provide for adopting, continuing,
amending or repealing village ordinances, MCL 78.23(k).
Section 2.
Enacting clause.
The enacting clause of all ordinances shall be: "The Village of Grosse
Pointe Shores ordains." All ordinances, except as otherwise provided,
shall require for their passage the concurrence of a majority of the council
elect.
(Amended by referendum of 11-8-1988)
Section 3.
When effective.
An ordinance shall become effective upon the publication of the ordinance
or a synopsis of the ordinance, as specified in this chapter, except that
if the ordinance provides for a later effective date the ordinance shall
become effective at such later date.
(Amended by referendum of 11-8-1988)
Section 4.
To be recorded.
Immediately upon the final passage of any ordinance, the President and
Clerk shall sign the same under a certificate of the day and date of its
passage, and the original ordinance shall be filed in an index book to
be called "The Record of Ordinances."
Section 5.
Notice of ordinances.
Within 15 days after the passage of an ordinance, the ordinance or a synopsis
of the ordinance shall be published in a newspaper circulated in the village.
Immediately after such publication, the Clerk shall enter in the record
of ordinances in the blank space to be provided for such purpose under
the record of the ordinance, a certificate under his hand, stating the
date and place of such publication. Such certificate shall be prima facie
evidence of the due publication of the ordinance or the synopsis.
(Amended by referendum of 11-8-1988)
State law references: Mandatory that Charter provide for publication of
an ordinance, MCL 78.23(i).
Section 6.
Reviving; amending.
No repealed ordinance shall be revived unless the whole or so much as
is intended to be revived shall be re-enacted. When any section or part
of a section of any ordinance is amended, the whole section as amended
shall be re-enacted.
Section 7.
Punishment for violations.
The village shall have authority to provide punishment for violation of
an ordinance of the village. Such punishment shall be provided in the
ordinance. Such punishment shall be by fine of not more than $500.00,
or 90 days imprisonment, or both, in the discretion of the court, together
with costs of the prosecution. Such imprisonment may be in the village
prison, if any, in the jail of Wayne or Macomb County, or in any other
penal institution in the State of Michigan authorized by law to receive
prisoners from the village.
(Amended by referendum of 11-8-1988)
State law references: Limitations on penalties, MCL 78.23(i), 78.24(b).
Section 8.
Prosecutions; jurisdiction.
Prosecutions for violation of the ordinances shall be commenced within
two years after the commission of the offense, and shall be brought within
the village, or in the township in which the village or some part thereof,
is located. Any justice of the peace of the village, or of the township
in which the village or some part of it is situated, shall have authority
to hear, try and determine all causes and suits arising under the ordinances
of the village, and to inflict punishment for violations thereof as provided
in the ordinances.
Section 9.
Prosecutions; procedure.
Whenever a penalty shall be incurred for the violation of any ordinance,
and no provision shall be made for the imprisonment of the offender upon
conviction thereof, such penalty may be recovered in an action of assumpsit.
And when a corporation shall incur a penalty for the violation of any
such ordinance the same shall be sued for in an action of assumpsit. Prosecutions
for violations of the ordinances of the village may, in all cases except
against corporations, be commenced by warrant for the arrest of the offender.
Such warrant shall be in the name of the people of the State of Michigan,
and shall set forth the substance of the offense complained of, and be
substantially in the form and be issued upon complaint made, as provided
by law in criminal cases cognizable by justices of the peace. And the
proceedings relating to the arrest and custody of the accused during the
pendency of the suit, the pleadings and all proceedings upon the trial
of the cause, and in procuring the attendance and testimony of witnesses,
and in the rendition of judgments and the execution thereof shall, except
as otherwise provided, be governed by and conform as nearly as may be,
to the provisions of law regulating proceedings in criminal causes cognizable
by justices of the peace.
Section 10.
Appeal.
Any person convicted of a violation of any ordinance of the village in
a suit commenced by warrant as aforesaid, may remove the judgment and
proceedings into the Circuit Court for the County of Wayne, in which the
greater portion of the village is located, by appeal or writ of certiorari,
and the time for such appeal or removal, and the proceedings therefor,
and the bond for security to be given thereon and the proceedings and
disposition of the cause in the Circuit Court, shall be the same as on
appeal and certiorari in criminal cases cognizable by justices of the
peace; and in suits to which the village may be a party, brought to recover
any penalty for such violation, either party may appeal from the judgment
or remove the proceedings by certiorari into said Circuit Court, and the
like proceedings shall be had therefor and thereon and the like bond or
security shall be given as in cases of appeal and certiorari in civil
cases tried before justices of the peace, except that the village shall
not be required to give any bond or security thereon.
Section 11.
Execution of process.
All process issued in any prosecution or proceeding for the violation
of any ordinance of the village shall ordinarily be executed by a police
officer of the village. Such process may also be executed by any other
officer authorized by law to serve process issued by a justice of the
peace.
Section 12.
Pleading ordinances.
In all judicial proceedings it shall be sufficient to plead any ordinance
by title and it shall not be necessary to set forth the entire ordinance.
Section 13.
Proof of ordinances.
Whenever it shall be necessary to prove any ordinance or resolution of
the council, in any judicial proceedings, the same may be proved by the
record thereof kept by the Clerk, by a copy thereof duly certified by
the Clerk under the corporate seal of the village, or from any volume
of ordinances purporting to have been written or printed by authority
of the council.
Section 14.
To whom fines paid.
All fines imposed for violation of the ordinances of the village, if paid
before the accused is committed, shall be received by the court of the
magistrate before whom the conviction was had. If any fine shall be collected
upon execution, the officer or person receiving the same shall immediately
pay over the money collected to said court or magistrate. If the accused
be committed, payment of the fine and costs imposed shall be made to the
sheriff or other keeper of the jail or prison who shall, within thirty
days thereafter, pay the same to said court or magistrate and the court
or magistrate receiving any such fine or penalty or any part thereof shall
pay the same into the village treasury, except such fines as by the constitution
are appropriated for library purposes, on or before the first Monday of
the month next after the receipt of the same, and take the Treasurer's
receipt for the same and file the same with the Clerk.
Section 15.
Suit for recovery of fines.
If any person who shall have received any such fine or part thereof, shall
neglect to pay over the same as in the foregoing section provided, it
shall be the duty of the council to cause suit to be commenced immediately
therefor, in the name of the village, and to prosecute the same to effect.
Any person receiving such fine who shall wilfully neglect or refuse to
pay over the same as required by the foregoing provisions, shall be deemed
guilty of a misdemeanor and shall be punished accordingly.
Section 16.
Codification of ordinances (new section).
The village shall have the power to codify, recodify and continue in code
the village's municipal ordinances, in whole or in part, without the necessity
of publishing the entire code in full. The ordinance adopting the code
and ordinances repealing, amending, continuing or adding to the code shall
be published as required by law provided that notification states where
a copy of the entire code can be reviewed and obtained. The ordinance
adopting the code may amend, repeal, revise or rearrange ordinances or
parts of ordinances by references to the title only.
(Amended by referendum of 11-8-1988)
State law references: Codification authority, MCL 78.24a.
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