|
GENERAL
PROVISIONS
Article
I. In General
Sec. 1-1.
Designation and citation of Code.
Sec. 1-1.
Designation and citation of Code.
This Code may be known and cited as the "Code of Ordinances, Village
of Grosse Pointe Shores, Michigan."
(Code 1992, § 1-1)
Charter references: Codification authority, ch. V, § 16.
State law references: Codification authority, MCL 78.24a.
Sec. 1-2.
Definitions and rules of construction.
Sec. 1-2.
Definitions and rules of construction.
The following words, terms and phrases, when used in this Code or any
amendment thereto, shall, for the purpose of this Code, have the meanings
respectively ascribed to them in this section, except in instances where
the context clearly indicates a different meaning:
Charter. The term "Charter" shall mean the Charter of the
Village of Grosse Pointe Shores, Michigan, and shall include any amendment
to such Charter.
Code. The terms "this Code" and "Code" shall mean
the Code of Ordinances, Village of Grosse Pointe Shores, Michigan, as
designated in section 1-1.
Computation of time. The time within which an act is to be done, as
provided in this Code or in any order issued pursuant to this Code,
when expressed in days, shall be computed by excluding the first day
and including the last day, except that if the last day is a Sunday
or legal holiday it shall be excluded; and when the time is expressed
in hours, the whole of Sunday or a legal holiday, from midnight to midnight,
shall be excluded.
Council. The term "council" shall mean the Village Council
of the Village of Grosse Pointe Shores, Michigan.
County. The terms "the county" and "this county"
shall mean the County of Wayne and/or the County of Macomb in the State
of Michigan, as the case may be.
Court. The term "court" shall mean the Municipal Court for
the Village of Grosse Pointe Shores or, if in reference to a matter
beyond the statutory jurisdiction of the municipal court, to either
the Circuit Court for the County of Wayne or the Circuit Court for the
County of Macomb, as may be appropriate.
Gender. A term importing gender shall extend and be applied to both
genders and to firms, partnerships and corporations as well.
MCL. The abbreviation "MCL" shall mean the Michigan Compiled
Laws, as amended.
Number. A term importing the singular number only may extend and be
applied to several persons and things as well as to one person and thing.
Officer, employee, department, board, commission or other agency. Whenever
any officer, employee, department, board, commission or other agency
is referred to by title only, such reference shall be construed as if
followed by the term "of the Village of Grosse Pointe Shores, Michigan."
Whenever, by the provisions of this Code, any officer, employee, department,
board, commission or other agency of the village is assigned any duty
or empowered to perform any act or duty, reference to such officer,
employee, department, board, commission or other agency shall mean and
include such officer, employee, department, board, commission or agency
or deputy or authorized subordinate.
Person and whoever. The term "person" and its derivatives,
and the term "whoever," shall include a natural person, partnership,
association, legal entity or a corporate body or any body of persons
corporate or incorporate. Whenever used in any clause prescribing and
imposing a penalty, the term "person" or "whoever,"
as applied to any unincorporated entity, shall mean the partners or
members thereof, and as applied to corporations, the officers thereof.
Public acts. References to "public acts" are references to
the Public Acts of Michigan. (For example, a reference to Public Act
No. 279 of 1909, is a reference to Act No. 279 of the Public Acts of
Michigan of 1909.) Any reference to a public act, whether by act number
or short title, is a reference to the act as amended.
Shall, may. The term "shall" is always mandatory and not discretionary.
The term "may" is permissive.
State. The terms "the state" and "this state" shall
be construed to mean the State of Michigan.
Tense. Except as otherwise specifically provided or indicated by the
context, all terms used in this Code indicating the present tense shall
not be limited to the time of adoption of this Code, but shall extend
to and include the time of the happening of any act, event or requirement
for which provision is made therein, either as a power, immunity, requirement
or prohibition.
Village. The term "village" shall mean the Village of Grosse
Pointe Shores, Michigan.
(Code 1992, § 1-2)
State law references: Rules of construction, MCL 8.3 et seq.
Sec. 1-3.
Interpretation per state acts.
Unless
otherwise provided in this Code, or by law or implication required,
the same rules of construction, definition and application shall govern
the interpretation of this Code as those governing the interpretation
of the Public Acts of Michigan.
(Code 1992, § 1-3)
Sec. 1-4. Section catchlines and other headings.
Headings
and captions used in this Code following chapter, article, division
and section numbers, are employed for reference purposes only and shall
not be deemed as part of the text of any section.
(Code 1992, § 1-4)
Sec. 1-5. History notes.
The history
notes appearing in parentheses after sections of this Code are not intended
to have any legal effect, but are merely intended to indicate the source
of matter contained in the section.
Sec. 1-6. Editor's notes and references.
Charter
references, cross references, state law references and editor's notes
are by way of explanation only and should not be deemed as part of the
text of any section.
(Code 1992, § 1-5)
Sec. 1-7. Application to future legislation.
All of
the provisions of this chapter, not incompatible with future legislation,
shall apply to ordinances adopted amending or supplementing this Code,
unless otherwise specifically provided.
(Code 1992, § 1-6)
Sec. 1-8. Reference to other sections.
Whenever
reference is made in one section of this Code to another section of
this Code, such reference shall extend and apply to the section referred
to as subsequently amended, revised, recodified or renumbered unless
the subject matter is changed or materially altered by the amendment
or revision.
(Code 1992, § 1-7)
Sec. 1-9. Reference to offices.
Reference
to a public office or officer shall be deemed to apply to any office,
officer or employee of the village, exercising the powers, duties or
functions contemplated in the provision, irrespective of any transfer
or functions or change in the official title of the functionary.
(Code 1992, § 1-8)
Sec. 1-10. Provisions considered as continuation
of existing ordinances.
The provisions
appearing in this and the following chapters and sections, as far as
they are the same as ordinances existing at the time of the adoption
of this Code, shall be considered as a continuation thereof and not
as new enactments.
Sec. 1-11. Effect of repeal of ordinances.
(a)
The repeal of an ordinance shall not revive any ordinances
in force before or at the time the ordinance repealed took effect.
(b) The repeal of an ordinance shall not affect any
punishment or penalty incurred before the repeal took effect, or any
suit, prosecution or proceeding pending at the time of the repeal, for
an offense committed under the ordinance repealed.
Sec. 1-12. Certain provisions not affected by Code.
Nothing
in this Code or the ordinance adopting this Code shall affect the following
when not inconsistent with this Code:
(1) Any offense committed or penalty incurred or
any right established prior to the effective date of this Code;
(2) Any ordinance levying annual taxes;
(3) Any ordinance appropriating money;
(4) Any ordinance authorizing the issuance of bonds
or borrowing of money;
(5) Any ordinance establishing utility rates;
(6) Any ordinance establishing franchises or granting
special rights to certain persons;
(7) Any ordinance authorizing public improvements;
(8) Any ordinance authorizing the purchase or sale
of real or personal property;
(9) Any ordinance annexing or detaching territory;
(10) Any ordinance granting or accepting easements,
plats or dedication of land to public use;
(11) Any ordinance dedicating, naming, establishing,
locating, relocating, opening, paving, widening, vacating, etc., any
street or public way in the village;
(12) Any ordinance establishing or prescribing grades
in the village;
(13) Any ordinance prescribing the number, classification
or compensation of any village officers or employees;
(14) Any ordinance prescribing traffic and parking
restrictions pertaining to specific streets;
(15) Any ordinance pertaining to rezoning;
(16) Any ordinance relating to sewage treatment or
industrial waste control;
(17) Any other 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 village clerk's office.
Sec. 1-13. Code does not affect prior offenses, rights, etc.
(a)
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.
(b) The adoption of this Code shall not be interpreted
as authorizing or permitting any use, or the continuance of any use,
of a structure or premises in violation of any ordinance of the village
in effect on the date of adoption of this Code.
Sec. 1-14. Severability of parts of Code.
(a)
It is the legislative intent of the council 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 village. 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 that this Code shall stand, notwithstanding
the invalidity of any provision or section thereof.
(b) 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.
(Code 1992, § 1-12)
Sec. 1-15. Amendments to Code.
Amendments
to this Code shall be by ordinance. The title of each amendatory ordinance,
adapted to the particular circumstances and purposes of the amendment,
shall be substantially as follows:
(1) To amend any section, the following language
shall be used: "An ordinance to amend section ________ (or sections
________ and ________) of the Code of Ordinances, Village of Grosse
Pointe Shores, Michigan."
(2) To insert a new section or chapter, the following
language shall be used: "An ordinance to amend the Code of Ordinances,
Village of Grosse Pointe Shores, Michigan, by adding a new section (________________
new sections or a new chapter, as the case may be), which new section
(sections or chapter) shall be designated as section ________ (sections
________ and ________) (or proper designation if a chapter is added)
of the Code."
(3) To repeal a section or chapter, the following
language shall be used: "An ordinance to repeal section ________
(sections ________ and ________, chapter ________, as the case may be)
of the Code of Ordinances, Village of Grosse Pointe Shores, Michigan."
(Code 1992, § 1-10)
Sec. 1-16. Supplementation of Code.
Supplements to this Code shall be prepared and printed whenever authorized
or directed by the council.
(Code 1992, § 1-11)
Sec. 1-17. Authority to modify fees, fines and costs.
In all situations in which the village is permitted by charter, statute,
ordinance or other regulation to assess or collect fees, fines and/or
costs, the village council may modify the nature and/or amount of such
fees, fines or costs by adopting a schedule enacting such modifications,
without amending an underlying ordinance in which such fees, fines and/or
costs are currently specified. All schedules of fees, fines or costs
shall be available for public inspection in the offices of the village.
(Ord. No. 220, § I, 6-18-2002)
Secs. 1-18--1-50. Reserved.
|
