[6-26-2017 by Ord. No.
17-005]
This ordinance shall be known as the "Code of Ordinances adopting
ordinance" and may be so cited.
[6-26-2017 by Ord. No.
17-005]
Pursuant MCLA § 117.5b, the ordinances of the City of Port Huron of a general and permanent nature adopted by the City Council of the City of Port Huron, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters
1 through
52, are hereby approved, adopted, ordained and enacted as the "Code of the City of Port Huron," hereinafter known and referred to as the "Code."
[6-26-2017 by Ord. No.
17-005]
This ordinance and the Code shall supersede the general and
permanent ordinances enacted prior to the enactment of this Code,
except such ordinances as are hereinafter expressly saved from repeal
or continued in force. This ordinance supersedes the Code of Ordinances,
City of Port Huron, Michigan, adopted May 10, 2004, by Ordinance No.
1226, as amended and supplemented.
[6-26-2017 by Ord. No.
17-005]
This ordinance shall take effect immediately upon passage and
publication according to law.
[6-26-2017 by Ord. No.
17-005]
A copy of the Code in loose-leaf form has been filed in the
office of the City Clerk and shall remain there for use and examination
by the public until final action is taken on this ordinance; and,
if this ordinance shall be adopted, such copy shall be certified to
by the Clerk of the City of Port Huron by impressing thereon the Seal
of the City, as provided by law, and such certified copy shall remain
on file in the office of the Clerk of the City, to be made available
to persons desiring to examine the same during all times while said
Code is in effect.
[6-26-2017 by Ord. No.
17-005]
Any and all additions, amendments or supplements to the Code,
when passed and adopted and published as required by law in such form
as to indicate the intent of the governing body to make them a part
thereof, shall be deemed to be incorporated into such Code so that
reference to the "Code of the City of Port Huron" shall be understood
and intended to include such additions and amendments. Whenever such
additions, amendments or supplements to the Code shall be adopted,
they shall thereafter be printed and, as provided hereunder, inserted
in the loose-leaf book containing said Code, as amendments and supplements
thereto.
[6-26-2017 by Ord. No.
17-005]
The Clerk of the City of Port Huron, pursuant to law, shall
cause to be published, in the manner required, a copy of this Adopting
Ordinance in a newspaper of general circulation in the City. Sufficient
copies of the Code shall be maintained in the office of the Clerk
for inspection by the public at all times during regular office hours.
The enactment and publication of this Adopting Ordinance, coupled
with availability of copies of the Code for inspection by the public,
shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
[6-26-2017 by Ord. No.
17-005]
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof.
[6-26-2017 by Ord. No.
17-005]
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
[6-26-2017 by Ord. No.
17-005]
A. Except as provided in §
AO-11, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed. Any valid legislation of the City of Port Huron which is not in conflict with the provisions of this Code shall be deemed to remain in full force and effect. In the event of any inconsistencies in the provisions of the adopted Code, the most restrictive provision shall be deemed to apply.
B. Prior ordinances not revived. The repeal provided for in this section
shall not be construed to revive any ordinance or part thereof that
has been repealed by a subsequent ordinance that is repealed by this
ordinance.
[6-26-2017 by Ord. No.
17-005]
The adoption of this Code and the repeal of ordinances provided for in §
AO-10 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinance adopted subsequent to April 24, 2017.
B. Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability.
C. Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D. Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered, prior to the effective date of this ordinance
brought pursuant to any legislative provision.
E. Any franchise (including gas, electric, and cable franchise agreements),
license, right, easement or privilege heretofore granted or conferred.
F. Any ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing of grade, changing of name,
improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place or any portion thereof.
G. Any ordinance appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond or other instruments or evidence of the City's
indebtedness.
H. Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract, agreement or obligation.
I. The levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J. The dedication of property or approval of preliminary or final subdivision
plats.
K. Any legislation relating to or establishing a pension plan or pension
fund for municipal employees.
L. Any ordinance adopting or amending the Zoning Map.
M. Any ordinance approving the incorporation of the economic development
corporation of the City.
N. Any ordinance establishing utility rates.
O. Any ordinance annexing or detaching territory.
P. Any ordinance prescribing traffic and parking restrictions pertaining
to specific streets.
Q. Any other ordinance or part thereof which is not of a general and
permanent nature.
[6-26-2017 by Ord. No.
17-005]
A. In compiling and preparing the ordinances for adoption and revision
as part of the Code, certain grammatical changes and other minor changes
were made in one or more of said ordinances. It is the intention of
the City Council that all such changes be adopted as part of the Code
as if the ordinances so changed had been previously formally amended
to read as such.
B. In addition, the changes, amendments or revisions as set forth in
Schedule A attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances
as they have been renumbered and appear in the Code.)
[6-26-2017 by Ord. No.
17-005]
A. Throughout the Code, a reference to "Michigan Compiled Laws" shall
include all sections of law, as last amended, which are assigned a
compilation number by the legislative service bureau and are not subsequently
repealed.
B. Unless otherwise specifically provided, a reference to all or part
of a statute, regardless of whether the words "as amended" are used
in the reference, shall include the latest amendments to the statute
or part.