[HISTORY: Adopted by the Mayor and City Council of the City of Monroe as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-1-2009 by Ord. No. 09-008]
Pursuant to MCLA § 117.1 et seq. (specifically, MCLA § 117.5b), the ordinances of the City of Monroe of a general and permanent nature adopted by the Mayor and City Council of the City of Monroe, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 720, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Monroe," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all 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 and the Code shall supersede the "Codified Ordinances of Monroe, Michigan, 1995."
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 Monroe 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 City Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed and adopted 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 Monroe" 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.
The Clerk of the City of Monroe, 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.
It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Mayor and City Council, or may be furnished electronically. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Monroe to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, or both, in the discretion of the judge imposing the same.
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.
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.
All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter saved from repeal.
The adoption of this Code and the repeal of ordinances provided for in § 1-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to March 2, 2009.
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.
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.
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.
Any franchise (including gas, electric, and cable franchise agreements), license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees, and any ordinance or part thereof providing for the establishment of positions.
Any ordinance adopting or amending the Zoning Map.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinance or resolution establishing or changing the boundaries of the Municipality.
Ordinance No. 08-001, Section 3, Zoning amendments.
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 Mayor and 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.
This ordinance shall become effective 30 days after publishing the adopted ordinance.
[Adopted 8-12-1996 by Ord. No. 96-018]
Terms used in this Code, unless specifically defined herein, shall have the meanings prescribed by state law. In the construction of this Code, or any provision thereof, the following rules and definitions shall control, except those which are inconsistent with the manifest intent of Council as disclosed in a particular provision, section or chapter:
- ADOPTING ORDINANCE
- The ordinance of the municipality adopting the Code of the City of Monroe pursuant to law.
- Whenever in the Code of the City of Monroe authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate, unless contrary to law or to the clear intent of any such particular provision.
- An obligation in writing binding the signatory to pay a sum certain upon the happening or failure of an event.
- Any structure intended to have walls and a roof.
- Any profession, trade, occupation and any other commercial enterprise conducted for monetary reward.
- CALENDAR-COMPUTATION OF TIME
- The terms "month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, unless the last day is a Sunday or a legal holiday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday or a legal holiday shall be excluded.
- The Charter of the City of Monroe.
- The City of Monroe, in the County of Monroe and the State of Michigan.
- CITY LIMITS
- Means within the City and includes not only the corporate limits of the City but also any property which it owns or which is under its jurisdiction.
- CITY MANAGER
- The chief administrative officer of the City.
- The Clerk/Treasurer.
- "And" includes "or" and "or" includes "and" if the sense so requires.
- The legislative authority of the City.
- Monroe County, Michigan.
- Definitions given within a chapter apply only to words or phrases used in such chapter, unless otherwise provided.
- "Designee," following an official of the City, means the authorized agent, employee or representative of such official.
- The chief executive officer of the office or department to which the particular division, bureau, board, agency or subordinate municipal administrative body has been assigned by the Council.
- Words importing the masculine shall extend and be applied to the feminine and neuter genders.
- GENERAL RULE
- Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language; provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.
- JOINT AUTHORITY
- Words giving authority to a board, commission or authority, or to three or more officers or employees or other persons, shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.
- KEEPER AND PROPRIETOR
- Persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.
- LAND AND REAL ESTATE
- Includes rights and easements of an incorporeal nature.
- All applicable laws of the United States of America, the State of Michigan and the City of Monroe.
- The Mayor of the City.
- MUNICIPAL CIVIL INFRACTION
- An act or omission that is prohibited by this Code or any ordinance of the City, which is not a crime under this Code or other ordinance, and for which civil sanctions, including, without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of Act 236 of the Public Acts of 1961, as amended. A municipal civil infraction is not a lesser included offense of a violation of this Code that is a criminal offense.
- MUNICIPALITY or CITY
- The City of Monroe, Michigan.
- Words in the plural include the singular and words in the singular include the plural number.
- Includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples about taking an oath. An affirmation shall have the same force and effect as an oath.
- Tenant or person in actual possession.
- Carry on, keep, conduct, maintain, manage, direct or superintend.
- Includes any ordinance of the municipality, including any provision of this Code.
- When applied to property, includes a part owner, joint owner or tenant in common of the whole or any part of such property.
- Includes any individual, copartnership, corporation, association, club, joint venture, estate, trust and any other group or combination acting as a unit, and the individuals constituting such group or unit.
- PRECEDING AND FOLLOWING
- Next before and next after, respectively.
- When used as applicable to property, extends to and includes land and buildings.
- Includes real and personal property and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property; "real property" includes lands, tenements and hereditaments.
- PUBLIC ACTS
- Acts of the State Legislature of the State of Michigan.
- PUBLIC PLACE
- Any place to or upon which the public resorts or travels, whether such place is owned or controlled by the City or any agency of the state or is a place to or upon which the public resorts or travels by custom or by invitation, express or implied.
- To print in a newspaper of general circulation in the municipality the entire document or a brief summary thereof with a listing of places where copies have been filed and times when they are available for inspection.
- REASONABLE TIME
- In all cases where provision is made for an act to be done or notice to be given within a reasonable time, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or the giving of such notice.
- An abode in which a person permanently resides.
- Whenever any act is prohibited by a provision of this Code or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do such act.
- SHALL AND MAY
- "Shall" is mandatory; "may" is permissive.
- That portion of a street between the curblines or lateral lines and the right-of-way lines which is intended for the use of pedestrians.
- SIGNATURE AND SUBSCRIPTION
- The name of a person, mark or symbol appended by him or her to a writing with intent to authenticate the instrument as one made or put into effect by him or her.
- The State of Michigan.
- STREET, HIGHWAY AND ALLEY
- The entire width subject to an easement for public right-of-way, or owned in fee by the City, county or state, of every way or place, of whatever nature, whenever any part thereof is open to the use of the public as a matter of right for purposes of public travel. The word "alley" means any such way or place providing a secondary means of ingress and egress from a property.
- TENANT AND OCCUPANT
- As applied to buildings or land, shall extend and be applied to any person holding a written or oral lease of, or who occupies the whole or any part of, a building or land, alone or with others.
- The use of any verb in the present tense includes the future.
- Whenever any time established in this Code for the taking of any action expires on a Sunday or a legal holiday, such time shall not expire on such day but shall expire on the next weekday.
- The City Clerk/Treasurer.
- Any drain, ditch, river or stream flowing in a definite direction or course in a bed with banks.
- Seven days.
- WRITING AND WRITTEN
- Any representation of words, letters or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.
Whenever a power is granted to or a duty is imposed upon a public officer or employee, the power may be performed by an authorized deputy or designee or by any person authorized pursuant to law or ordinances, unless this Code expressly provides otherwise.
All records, buildings and premises subject to inspection under this Code shall be inspected from time to time by the designated officer of the City or his or her designee.
All records, rooms and areas of a building or premises shall be available and accessible for such inspection which shall be made during usual business hours if the premises are used for nonresidential purposes; provided, however, that inspections may be made at other times if:
The premises are not available during the foregoing hours for inspection;
There is reason to believe that violations are occurring on the premises which can be apprehended and proved only by inspection during other than the prescribed hours; or
There is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
Emergency inspections may be authorized without warrant if the City Manager or, in his or her absence, his or her assistant, has reason to believe that a condition exists which poses an immediate threat to life, health or safety. Such procedure shall take place only where the time required to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition.
Where the City Manager or his or her designee is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this Code and subject to the penalties hereunder.
Any officer designated by the City to inspect a premises may, upon affidavit, apply to the judge or magistrate of competent jurisdiction for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Code may exist, including one or more of the following:
That the premises or records require inspection according to the administrative practices established by the City Manager or his or her designee for periodic inspections of records, buildings or premises of the type involved.
That observation of external conditions of the premises and its public areas has resulted in the belief that violations of this Code exist.
If the judge or magistrate of competent jurisdiction is satisfied as to the matters set forth in the affidavit, he or she shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
Notice regarding sidewalk repairs, sewer or water connections, dangerous structures, abating nuisances or any other act, the expense of which if performed by the City may be assessed against the premises under the provisions of this Code, shall be served:
By delivering the notice to the owner personally or by leaving the same at his or her residence, office or place of business with some person of suitable age and discretion;
By mailing such notice by certified or registered mail to such owner at his or her last known address; or
If the owner is unknown, by posting such notice in some conspicuous place on the premises for five days before the act or action concerning which the notice is given.
No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any City officer unless permission is given by such officer to remove such notice or placard.
All notices, reports, statements, applications or records required or authorized by this Code shall be made in writing in the English language unless specifically provided otherwise.
If the provisions of different titles, chapters or sections of this Code conflict with or contravene each other, the provisions of each title, chapter or section shall prevail as to all matters and questions growing out of the subject matter of that title, chapter or section.
If clearly conflicting provisions are found in different sections of the same chapter, the provisions of the section last enacted shall prevail unless the construction is inconsistent with the meaning of that chapter.
Where any conflict exists between a title, chapter or section of this Code and any chapter or section of the City Charter or State Code, the latter shall prevail.
It is the legislative intent of 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 City.
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.
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.
This Code shall apply to acts performed within the jurisdiction of the City. Acts performed outside the City shall be governed by this Code up to the limits prescribed by law, where the law confers power on the City to regulate such acts outside the City.
Each copy of the Code of the City of Monroe distributed to an officer or employee of the City shall remain the property of the City and shall be returned by such officer or employee, upon expiration of his or her term of office or employment with the City, to the City Clerk/Treasurer for reassignment.
Any printed copy of this Code or any printed supplement thereto, published and certified according to law, shall be received in evidence in any court for the purpose of proving any Charter or ordinance provision therein contained with like effect and for the same purpose as the original Charter, ordinances, minutes or journals would be received.
The provisions appearing in this Code, insofar as they relate to the same subject matter and are substantially the same as those ordinance provisions previously adopted by the City and existing on the effective date of this Code, shall be considered as restatements and continuations thereof and not as new enactments.
In all cases where the same offense is made punishable or is created by different sections of this Code, the City Attorney may elect under which section to proceed, but not more than one recovery shall be had against the same person for the same offense.
[Amended 8-1-2005 by Ord. No. 05-007; 1-2-2007 by Ord. No. 06-023; 6-18-2007 by Ord. No. 07-011]
General penalty. Unless a violation of this Code or any ordinance of the City is specifically designated as a civil infraction or municipal civil infraction, the violation shall be deemed to be a misdemeanor. The penalty for a misdemeanor violation shall be a fine not exceeding $500 (plus the costs of prosecution) or imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for the violation by this Code or any ordinance of the City.
Surcharges; equitable remedies. The imposition of any penalty provided for in this section shall be in addition to any surcharge levied for a violation of or noncompliance with a provision of this Code, or a provision of a technical or other code adopted by reference in this Code, or a rule, regulation or order promulgated or made under authority of either or under authority of state law, and shall be in addition to any equitable remedy provided by a provision of this Code, or a provision of a technical or other code adopted by reference in this Code, or a rule, regulation or order promulgated or made under authority of either, or under authority of state law, including the enforced removal of prohibited conditions.
Complicity. Every person concerned in the commission of a misdemeanor offense under this Code, whether he or she directly commits the act constituting the offense or causes, procures, counsels, aids, abets or conceals the fact of such in its commission, may be prosecuted, indicted, tried or found responsible and, on conviction, shall be punished as if he or she had directly committed such offense.
Attempt. Any person who shall attempt to commit a misdemeanor offense prohibited by this Code, and in such attempt shall do any act towards the commission of such offense, but shall fail in the perpetration, or shall be intercepted or prevented in the execution of the same, when no express provision is made in this Code for the punishment of such attempt, shall be punished by a fine not exceeding $250 (plus the costs of prosecution) or imprisonment not exceeding 45 days, or both, unless a specific penalty is otherwise provided for the violation by this Code or any ordinance of the City, but in no case shall the fine and/or imprisonment exceed 1/2 of the greatest punishment which might have been inflicted if the offense so attempted had been committed.
Municipal civil infraction sanction. The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by this Code or any ordinance of the City, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of Act 236 of the Public Acts of 1961, as amended, and other applicable laws.
Unless otherwise specifically provided for a particular municipal civil infraction violation by this Code or any ordinance of the City, the civil fine for a violation shall be not less than $50, plus costs and other sanctions, for each infraction.
Increased civil fines may be imposed for repeated violations of any requirement or provision of this Code or any ordinance of the City. As used herein, "repeated violations" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision committed by a person within any six-month period (unless some other period is specifically provided by this Code or other ordinance of the City) and for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this Code or any ordinance of the City for a particular municipal civil infraction violation, the increased fine for a repeated violation shall be as follows:
Penalty limited by state statute. If the penalty for a particular offense is limited by state statute, then such limitation shall be applicable to the provision of this Code and other ordinances of the City notwithstanding the provisions of this section.
Suspension of license; certificate. The suspension or revocation of any license, certificate or other privilege conferred by the City shall not be regarded as a penalty for purposes of this Code but shall be in addition thereto.
Violation. A "violation" includes any act which is prohibited or made or declared to be unlawful or an offense by this Code or any ordinance of the City and any omission or failure to act where the act is required by this Code or any ordinance of the City.
Separate offenses. Each day during or on which any violation of this Code or any ordinance of the City occurs or continues constitutes a separate offense and shall be subject to the penalties or sanctions provided herein as a separate offense.
Injunctive relief. In addition to any remedies available at law, the City may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of this Code or any City ordinance.
Community service. A court of competent jurisdiction may assign anyone found to have violated any of the codified ordinances contained herein to perform community service which may include picking up litter and refuse in the City of Monroe under the direction of the Department of Parks and Recreation or the Department of Public Services. Community service may be ordered independently of or in addition to any penalty provision contained in the Code of the City of Monroe.