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Article I.
In General
Secs. 2-1--2-30.
Reserved.
Article II.
Council
Secs. 2-31--2-60.
Reserved.
Article III.
Officers and Employees
Sec. 2-61.
Authority to adopt, administer, amend and revoke retirement plans.
Pursuant
to appropriate statutory and Charter authority, it is hereby provided
that the village council shall have the power by resolution to adopt,
administer, amend and revoke any recognized retirement plans made available
to the administrative officers and employees of the village and its
departments and boards, and to implement, change, alter and/or revoke
any or all of the terms and conditions thereof as may be deemed advisable
from time to time by the council, all consistent with appropriate laws,
rules and regulations governing municipal retirement plans and the provisions
of amended chapter XI of the Charter.
(Ord. No. 213, § I, 2-20-2001)
*Charter
references: Officers and governmental plan, ch. IV; employees retirement
system, ch. XI.
Cross references: Any ordinance prescribing the number, classification
or compensation of any village officers or employees saved from repeal,
§ 1-12(13); fire prevention code enforcement officer, § 14-33.
State law references: Public officers and employees, standards of conduct
and ethics, MCL 15.341 et seq.; political activities by public employees,
MCL 15.401 et seq.; conflicts of interest as to contracts, MCL 15.321
et seq.; legal defense of public officers or employees, MCL 691.1408;
prohibition on holding incompatible offices, MCL 15.181 et seq.; nondiscrimination
in employment, MCL 37.2102.
Secs. 2-62--2-90. Reserved.
Article IV.
Finance
*Charter
references: The treasurer, ch. IV, B.(c); finance and taxation, ch.
VI; public improvements, ch. VII.
Cross references: Any ordinance authorizing the issuance of bonds or
borrowing of money saved from repeal, § 1-12(4).
State law references: Municipal finance act, MCL 131.1 et seq.; uniform
budgeting and accounting act, MCL 141.421 et seq.; deposit of public
moneys, MCL 211.43b.
Division 1. Generally
Secs.
2-91--2-110. Reserved.
Division
2. Budget Stabilization Fund
*State
law references: Budget stabilization funds, MCL 141.441 et seq.
Sec.
2-111. Created.
Pursuant
to the authority vested in the village, there is hereby created a
fund to be known as the "Budget Stabilization Fund," referred
to in this article as "the fund."
(Ord.
No. 152, § 1, 9-23-1980; Code 1992, § 2-1)
State law references: Authority to create fund, MCL 141.442.
Sec. 2-112. Transfers.
(a)
Each fiscal year following the fiscal year in which the
fund is created, the trustees may appropriate to the fund, by an ordinance
or resolution adopted by a two-thirds vote of the members elected
and serving, all or part of a surplus in the general fund resulting
from an excess of revenue in comparison to expenses.
(b) The village shall not impose additional taxes
producing revenue in excess of that needed for its estimated budget
in order to provide for money to be appropriated to the fund.
(c) The amount of money in the fund shall not exceed
either 15 percent of the village's most recent general fund budget,
as originally adopted, or 15 percent of the average of the village's
five most recent general fund budgets, as amended, whichever is less.
(d) The money in the fund may be invested as provided
by law, with the earnings of the fund to be returned to the village's
general fund.
(e) If the money in the fund exceeds the amounts
permitted in this section, the excess money shall be appropriated
in the village's next general fund budget, but shall not be appropriated
to the fund.
(Ord.
No. 152, § 2, 9-23-1980; Code 1992, § 2-2)
State law references: Similar provisions, MCL 141.443.
Sec. 2-113. Appropriations.
Money
in the fund may be appropriated by an ordinance or resolution adopted
by a two-thirds vote of the members of the village's trustees for
the following purposes:
(1) To cover a general fund deficit, when the village's
annual audit reveals such a deficit;
(2) To prevent a reduction in the level of public
services or in the number of employees at any time in a fiscal year
when the village's budgeted revenue is not being collected in an amount
sufficient to cover budgeted expenses;
(3) To prevent a reduction in the level of public
services or the number of employees when, in preparing the budget
for the next fiscal year, the village's estimated revenue does not
appear sufficient to cover estimated expenses;
(4) To cover expenses arising because of a natural
disaster, including a flood, fire or tornado; however, if federal
or state funds are received to offset the appropriations from the
fund, such money shall be returned to the fund.
(Ord.
No. 152, § 3, 9-23-1980; Code 1992, § 2-3)
State law references: Similar provisions, MCL 141.444(1).
Sec. 2-114. Insufficient revenue.
In determining
whether the village's revenue is insufficient to cover the village's
expenses, a reduction in the amount of money received for the fiscal
year from any source in comparison to the amount of money received
for the previous fiscal year, including a reduction in the allocation
of state tax money, shall be considered.
(Ord.
No. 152, § 4, 9-23-1980; Code 1992, § 2-4)
State law references: Similar provisions, MCL 141.444(2).
Sec. 2-115. Limitation on appropriations.
Sec.
2-115. Limitation on appropriations.
Money in the fund shall not be appropriated for the acquisition, construction
or alteration of a facility as part of a general capital improvements
program.
(Ord.
No. 152, § 5, 9-23-1980; Code 1992, § 2-5)
State law references: Similar provisions, MCL 141.445.
Secs. 2-116--2-140. Reserved.
Division
3. Cost Recovery
Subdivision
I. In General
Secs.
2-141--2-155. Reserved.
Subdivision
II. Operating A Motor Vehicle Under Influence of Intoxicating
Liquor or Controlled Substance
Sec.
2-156. Definitions.
The
following words, terms and phrases, when used in this subdivision,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Emergency response means:
(1) Providing, sending and/or utilizing public
service, police, firefighting and rescue services by the village
to an accident involving a motor vehicle where one or more of
the drivers was operating a motor vehicle while under the influence
of, or while visibly impaired by, intoxicating liquor or a controlled
substance or the combined influence of intoxicating liquor and
a controlled substance; or
(2) The making of a traffic stop or arrest
by a police officer when the driver was operating a motor vehicle
while under the influence of, or while visibly impaired by, intoxicating
liquor or a controlled substance or the combined influence of
intoxicating liquor and a controlled substance.
Expense of an emergency response means the cost associated with
the occurrence of an "emergency response" as set forth
in subsection (1) or (2) of the definition of such term in this
section, whichever is applicable. The expenses of making an emergency
response, as further defined in section 2-159, shall include,
in addition, the costs connected with the administration, provision
and analysis of chemical tests and the videotaping of the driver,
if applicable.
(Ord.
No. 214, § II, 6-19-2001)
Cross references: Definitions generally, § 1-2.
Sec. 2-157. Findings.
The
village finds that a significant number of traffic arrests and
traffic accidents in the village involve drivers who are operating
a motor vehicle while under the influence of, or while visibly
impaired by, intoxicating liquor and/or a controlled substance.
In addition, the village finds that in traffic accidents involving
drivers who are operating a motor vehicle while under the influence
of, or while visibly impaired by, intoxicating liquor and/or a
controlled substance, there is a greater likelihood of personal
injury and property damage. As a result of such determinations,
a greater operational and/or financial burden is placed upon the
department of public safety and/or department of public works
and rescue services, or other village services, by persons who
are operating a motor vehicle while under the influence of, or
while visibly impaired by, intoxicating liquor and/or controlled
substances.
(Ord.
No. 214, § I, 6-19-2001)
Sec. 2-158. Liability; presumption.
(a)
Any person who operates a motor vehicle while under
the influence of, or while visibly impaired by, intoxicating liquor
or a controlled substance or the combined influence of intoxicating
liquor and a controlled substance, which operation results in
an emergency response, shall be responsible and/or liable for
the expenses of the emergency response.
(b) For the purposes of this subdivision, it
shall be presumed that a person was operating a motor vehicle
under the influence of, or while visibly impaired by, intoxicating
liquor if a chemical analysis of the driver's blood, urine or
breath indicates that the amount of alcohol in the driver's blood,
urine or breath was in excess 0.07 grams or more per 100 milliliters
of blood, 210 liters of breath or 67 milliliters of urine. If
the motor vehicle involved is a commercial motor vehicle, such
presumption shall apply if the amount of alcohol in the driver's
blood, breath or urine exceeds 0.04 grams or more per 100 milliliters
of blood, 210 liters of breath or 67 milliliters of urine.
(Ord.
No. 214, § III, 6-19-2001)
Sec.
2-159. Expenses for which reimbursement may be ordered.
(a)
As part of the sentence for a conviction of any of
the following offenses, in addition to any other penalty authorized
by law, the court may order the person convicted to reimburse
the village or other local unit of government for the expenses
specified in subsection (b) of this section:
(1) Operating a motor vehicle while under the
influence of an intoxicating liquor, controlled substance or a
combination of intoxicating liquor and a controlled substance,
as defined in MCL 257.625(1)(a).
(2) Operating a motor vehicle with an unlawful
blood alcohol content, as defined in MCL 257.625(1)(b).
(3) Operating a motor vehicle while visibly
impaired by intoxicating liquor, controlled substance or a combination
of intoxicating liquor and a controlled substance, as defined
in MCL 257.625(3).
(4) Operating a commercial motor vehicle while
having a blood alcohol content of 0.04 grams or more per 100 milliliters
of blood, 210 liters of breath or 67 milliliters of urine, as
defined in MCL 257.625m.
(b) Reimbursement may be ordered for any and
all expenses incurred in relation to such incident, including,
but not limited to, expenses for an emergency response and for
prosecuting the person, and consisting of:
(1) The salaries or wages, including overtime
pay, of law enforcement personnel for time spent responding to
an emergency response, arresting the driver and any passenger,
processing the person after the arrest, preparing reports on the
incident, investigating the incident, and collecting and analyzing
evidence, including, but not limited to, determining bodily alcohol
content and the presence of and identifying controlled substances
in the blood, breath or urine.
(2) The salaries, wages or other compensation,
including overtime pay, of fire department and emergency medical
service personnel, including volunteer firefighters or volunteer
emergency medical services in relation to the emergency response.
(3) The cost of medical supplies lost or expended
by fire department and emergency medical service personnel, including
volunteer firefighters or volunteer emergency medical service
personnel, in providing services in relation to the emergency
response.
Sec. 2-160. Multiple units of government incurring expenses.
If
police, fire department or emergency medical service personnel
from more than one unit of government incur reimbursable expenses,
the court may order the person to reimburse each unit of government
for the expenses it incurs.
(Ord. No. 214, § VI, 6-19-2001)
(Ord.
No. 214, §§ IV, V, 6-19-2001)
Sec. 2-161. Payment of reimbursable expenses.
Sec.
2-161. Payment of reimbursable expenses.
The amount ordered to be paid under this subdivision shall be
paid to the clerk of the court, who shall transmit the appropriate
amount to the unit of government named in the order to receive
reimbursement. If not otherwise provided by the court under this
section, the reimbursement ordered under this subdivision shall
be made immediately; however, the court may require that the person
make the reimbursement ordered under this subdivision within a
specified period or in specified installments.
(Ord.
No. 214, § VII, 6-19-2001)
Sec. 2-162. Default in payment of reimbursable expenses.
If
a person convicted of one of the offenses specified in section
2-159 is placed on probation, any reimbursement ordered under
this subdivision shall be a condition of such probation. The court
may revoke probation if the person fails to comply with the order
and has not made a good faith effort to comply with the order.
In determining whether to revoke probation, the court shall consider
the person's employment status, earning ability, number of dependents
and financial resources, willfulness of the person's failure to
pay and any other special circumstances that may have a bearing
on the person's ability to pay.
(Ord.
No. 214, § VIII, 6-19-2001)
Sec. 2-163. Enforcement of order for reimbursement.
An
order for reimbursement under this subdivision may be enforced
by the village or local unit of government named in the order
to receive the reimbursement in the same manner as a judgment
in a civil action.
(Ord.
No. 214, § IX, 6-19-2001)
Sec. 2-164. Incarceration for failure to make reimbursement.
Notwithstanding
any other provision of this subdivision, a person shall not be
incarcerated for a violation of probation, or otherwise, for failure
to make a reimbursement as ordered under this subdivision unless
the court determines that the person has the resources to pay
the ordered reimbursement and has not made a good faith effort
to pay such reimbursement.
(Ord.
No. 214, § X, 6-19-2001)
Sec. 2-165. Interpretation.
Sec.
2-165. Interpretation.
This subdivision shall be construed to impose a responsibility
and liability of a civil nature on the part of the driver and
shall not be construed to conflict, contravene, enlarge or reduce
any criminal liability or responsibility, including fines imposed
by a judge under the Michigan vehicle code (MCL 257.1 et seq.)
on a driver for operating a motor vehicle while under the influence
of, or while visibly impaired by, an intoxicating liquor and/or
controlled substance.
(Ord.
No. 214, § XI, 6-19-2001)
Secs. 2-166--2-180. Reserved.
Secs. 2-166--2-180. Reserved.
Subdivision
III. Hazardous or Dangerous Materials
*Cross
references: Environment, ch. 10.
Sec. 2-181. Definitions
The
following words, terms and phrases, when used in this subdivision,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Emergency response means providing public service, police, fire
and/or ambulance (basic or advanced life support) services, including
mutual aid and outside agency support and/or resources, as a result
of an incident or occurrence involving hazardous or dangerous
materials. Such term shall include, but not be limited to, the
response, mitigation, decontamination, cleanup and standby to
an incident or occurrence involving hazardous or dangerous materials,
and all activities undertaken to protect the public health, safety
and welfare of residents of, and persons in, the village, without
limitation, whether such services are provided by employees of
the village or persons or corporations acting under a contract
or at the request of the village.
Expenses of an emergency response means the actual costs associated
with an emergency response or utility failure. Such expenses shall
include, but shall not be limited to, the costs associated with
investigation, removal, repair, abatement, mitigation, environmental
cleanup and analysis of chemical tests, as well as the costs of
other public service, police, fire and/or ambulance services provided
in, or as a result of, an emergency response or utility failure.
Hazardous or dangerous materials means any substances, compounds,
mixtures or materials whose singular or combined mixtures pose
a hazard to the public health, safety or welfare, or endanger,
cause or are capable of causing loss, injury or damage to persons,
property or the environment. Such term includes, but is not limited
to, alcohol, gunpowder, blasting agents, petroleum fuels, refined
and crude petroleum products, explosives, corrosives, acids, poisons,
insecticides, herbicides, fertilizers, chemicals, combustible
or flammable liquids, solids or gases, or cryogenic products,
and any and all substances, compounds, mixtures or materials designated
as "hazardous" or "dangerous" under any federal,
state or local statute, ordinance, rule or regulation.
Utility emergency means the failure, disruption or disabling of
a cable, conduit, wire, pipeline or other device used to transport
electricity, natural gas, communication or electronic signals,
water, sanitary water and stormwater, or any other failure of
a public utility which necessitates an emergency response by the
village's public service, police, fire and/or emergency response
forces or others acting under contract or at the request of the
village, or which causes damage to public property.
(Ord.
No. 216, § I, 3-19-2002)
Cross references: Definitions generally, § 1-2.
Sec. 2-182. Authority to recover costs.
Sec.
2-182. Authority to recover costs.
The village shall have the authority to collect all expenses of
emergency responses incurred by the village as a result of an
emergency response to an incident or occurrence involving hazardous
or dangerous materials or a utility failure.
(Ord.
No. 216, § II, 3-19-2002)
Sec. 2-183. Liability; presumption.
Sec.
2-183. Liability; presumption.
(a) The owner, lessor and operator of any property
to which there is an emergency response shall be presumed liable
for the expenses of the emergency response.
(b) The owner, lessor and operator of a motor
vehicle or other transporter or equipment, the operation of which
results in an emergency response, shall be presumed liable for
the expenses of the emergency response.
(c) An individual who is the subject of an
emergency response by the village shall be presumed liable for
the expenses of the emergency response.
(d) A person or entity causing a fire, accident
or any release giving rise to a need for environmental cleanup
or other emergency response shall be presumed liable for the expenses
of the emergency response.
(e) A public utility whose activities or facilities
cause a utility emergency necessitating an emergency response
or causing damage to public property shall be presumed liable
for the expenses of the emergency response or property damage.
(Ord.
No. 216, § III, 3-19-2002)
Sec. 2-184. Cost recovery process.
Sec.
2-184. Cost recovery process.
(a) The expenses of an emergency response shall
be a debt of the person or entity to whom the expenses are charged,
and may be collected by the village in the same manner as any
other debt, or may be made the subject of an order of restitution
in any criminal prosecution. If the expenses of an emergency response
are attributable to, or the responsibility of, more than one person
or entity, each person or entity shall be jointly and severally
liable for all such expenses.
(b) Within 90 days of receiving an itemized
statement of expenses of an emergency response, the village shall
submit a statement of charges to any such person or entity responsible
for such expenses. Such statement shall require payment within
30 days.
(c) A person or entity receiving such a statement
of expenses shall have the opportunity to appeal all or any portion
of the amount shown on such statement by filing a written appeal
with the village manager within 30 days. The appeal must include
an explanation of why the amount appealed should not be charged
to the appellant. If the village manager, or a hearing officer
designated by the village manager, determines that the appellant
is not properly responsible for any or all of the amount charged,
such charges shall be waived with respect to the appellant. The
findings and decision of the village manager or the designated
hearing officer shall be in writing.
(d) If no written appeal is submitted within
the time specified in subsection (c) of this section, the village
may proceed by suit in a court of appropriate jurisdiction to
collect any amount remaining unpaid.
(e) In addition, the village shall have any
other remedy available by law.
(Ord.
No. 216, § IV, 3-19-2002)
Secs. 2-185--2-200. Reserved.
Subdivision
IV. Criminal Contempt Convictions on Personal Protection Orders
Sec. 2-201. Definitions.
The
following words, terms and phrases, when used in this subdivision,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Emergency response means:
(1) Providing, sending and/or utilizing public
safety, public service personnel and/or equipment in response
to a call concerning the violation of a personal protection order;
or
(2) The making of a traffic stop or arrest
by a police officer if any of the persons stopped or arrested
are in violation of a personal protection order.
Expense of an emergency response means the cost associated with
an emergency response as set forth in subsection (1) or (2) of
the definition of such term in this section, whichever is applicable,
and as further defined in section 2-205.
(Ord.
No. 221, § II, 6-18-2002)
Cross references: Definitions generally, § 1-2.
Sec.
2-202. Findings.
The
village finds that arrests in the village resulting from violations
of personal protection orders present significant problems and
costs to the village. As a result of the problems and costs associated
with responding to, prosecuting and preventing such offenses,
a greater operational and/or financial burden is placed upon the
departments of public safety and public works and/or other village
services by persons committing such offenses.
(Ord.
No. 221, § I, 6-18-2002)
Sec. 2-203. Interpretation.
This
subdivision shall be construed to impose a responsibility and
liability of a civil nature on the part of the individual and
shall not be construed to conflict, contravene, enlarge or reduce
any criminal liability or responsibility, including fines imposed
by a judge.
(Ord.
No. 221, § XI, 6-18-2002)
Sec.
2-204. Liability; presumption.
Any
person who is in violation of a personal protection order and
subsequently convicted of criminal contempt for violation of the
personal protection order shall be responsible and liable for
the expenses of the emergency response.
(Ord.
No. 221, § III, 6-18-2002)
Sec.
2-205. Expenses for which reimbursement may be ordered.
(a)
As part of the sentence for a conviction for criminal
contempt for violation of a personal protection order issued under
MCL 600.2950 or MCL 600.2950a, or for violation of a foreign protection
order that satisfies MCL 600.2950i, in addition to any other penalty
foreign protection order that satisfies MCL 600.2950i, in addition
to any other penalty authorized by law, the court may order the
person convicted to reimburse the village for expenses incurred
in relation to such incident, including, but not limited to, expenses
of an emergency response and expenses associated with arresting
and prosecuting the person.
(b)
The expenses for which reimbursement may be ordered
include all of the following:
- Salaries
or wages, including overtime pay, of law enforcement personnel
for time spent responding to the incident from which the conviction
arose, arresting the person convicted, processing the person
after the arrest, preparing reports regarding the incident,
investigating the incident, and collecting and analyzing evidence.
- Salaries,
wages or other compensation, including overtime pay, of fire
department and emergency medical service personnel, including
volunteer firefighters or volunteer emergency medical services,
in relation to the emergency response.
- Cost
of medical supplies lost or expended by fire department and
emergency medical service personnel, including volunteer firefighters
or volunteer emergency medical service personnel, in providing
services in relation to the emergency response.
- Salaries,
wages or other compensation, including, but not limited to,
overtime pay of prosecution personnel for time spent investigating
and prosecuting the crime resulting in the conviction.
(Ord.
No. 221, §§ IV, V, 6-18-2002)
Sec. 2-206. Multiple units of government incurring expenses.
If
police, fire department or emergency medical service personnel
from more than one unit of government incurs reimbursable expenses,
the court may order the person to reimburse each unit of government
for the expenses it incurs.
(Ord.
No. 221, § VI, 6-18-2002)
Sec. 2-207. Payment of reimbursable expenses.
The
amount ordered to be paid under this subdivision shall be paid
to the clerk of the court, who shall transmit the appropriate
amount to the unit of government named in the order to receive
reimbursement. If not otherwise provided by the court under this
section, the reimbursement ordered under this subdivision shall
be made immediately; however, the court may require that the person
make the reimbursement ordered under this subdivision within a
specified period or in specified installments.
(Ord.
No. 221, § VII, 6-18-2002)
Sec.
2-208. Default in payment of reimbursable expenses.
If
a person convicted of one of the offenses specified in section
2-205 is placed on probation, any reimbursement ordered under
this subdivision shall be a condition of such probation. The court
may revoke probation if the person fails to comply with the order
and has not made a good faith effort to comply with the order.
In determining whether to revoke probation, the court shall consider
the person's employment status, earning ability, number of dependents
and financial resources, willfulness of the person's failure to
pay and any other special circumstances that may have a bearing
on the person's ability to pay.
(Ord.
No. 221, § VIII, 6-18-2002)
Sec. 2-209. Enforcement of order for reimbursement.
Sec.
2-209. Enforcement of order for reimbursement.
An order for reimbursement under this subdivision may be enforced
by the village in the same manner as a judgment in a civil action.
(Ord.
No. 221, § IX, 6-18-2002)
Sec.
2-210. Incarceration for failure to make reimbursement.
Notwithstanding
any other provision of this subdivision, a person shall not be
incarcerated for a violation of probation, or otherwise, for failure
to make a reimbursement as ordered under this subdivision unless
the court determines that the person has the resources to pay
the ordered reimbursement and has not made a good faith effort
to pay such reimbursement.
(Ord.
No. 221, § X, 6-18-2002)
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