[HISTORY: Adopted by the Township Board of the Charter Township of Oakland as indicated in article histories. Amendments noted where applicable.]
Article I Definitions; General Penalty
Article II Adoption of Code
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The following definitions and rules of construction shall apply to this Code and all ordinances and resolutions unless the context requires otherwise:
- CIVIL INFRACTION
- An act or omission prohibited by law which is not a crime and for which civil sanctions may be ordered.
- The Code of Ordinances, Charter Township of Oakland, Michigan, as designated in Article II of this chapter.
- COMPUTATION OF TIME
- In computing a period of days, the first day shall be excluded and the last day shall be included. If the last day of any period or a fixed or final day is a Saturday, Sunday or legal holiday, the period or day shall be extended to include the next day that is not a Saturday, Sunday or legal holiday.
- In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either . . . or," the conjunction shall be interpreted as follows:
- A. The term "and" indicates that all the connected terms, conditions, provisions or events apply.
- B. The term "or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.
- C. The term "either . . . or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.
- Oakland County, Michigan.
- An act or omission forbidden by law that is not designated as a civil infraction and is punishable, upon conviction, by any one or more of the following:
- DELEGATION OF AUTHORITY
- A provision that authorizes or requires a Township officer or Township employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.
- Terms of one gender shall include the other genders.
- When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the Township board may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.
- HEALTH DEPARTMENT and DEPARTMENT OF PUBLIC HEALTH
- The County Health Department.
- HEALTH OFFICER
- The Director of the County Health Department.
- Includes any street, alley, highway, avenue, public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway which is dedicated or devoted to public use.
- INCLUDES, INCLUDING
- Terms of enlargement and not of limitation or exclusive enumeration, and the use of such terms does not create a presumption that components not expressed are excluded.
- JOINT AUTHORITY
- A grant of authority to three or more persons as a public body confers the authority on a majority of the number of members as fixed by statute or ordinance.
- The term "may" shall be construed as being permissive and not mandatory.
- MAY NOT
- States a prohibition.
- MCL; MCLA
- The Michigan Compiled Laws, as amended.
- A calendar month.
- Construed as being mandatory.
- The singular number shall include the plural, and the plural number shall include the singular.
- OATH, AFFIRMATION, SWORN, AFFIRMED
- Includes an affirmation in all cases where an affirmation may be substituted for an oath. In similar cases, the term "sworn" shall include the term "affirmed."
- OFFICERS, DEPARTMENTS, BOARDS, COMMISSIONS or EMPLOYEES
- References to officers, departments, boards, commissions or employees shall be to Township officers, Township departments, Township boards, Township commissions and Township employees.
- The term "owner," as applied to property, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property. With respect to special assessments, however, the owner shall be considered to be the person whose name appears on the assessment roll for the purpose of giving notice and billing.
- Any individual, partnership, corporation, association, club, joint venture, estate, trust, limited liability company, governmental unit and any other group or combination acting as a unit, and the individuals constituting such group or unit.
- PERSONAL PROPERTY
- Any property other than real property.
- PRECEDING, FOLLOWING
- Next before and next after, respectively.
- As applied to real property, shall include land and structures.
- Real and personal property.
- 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 by short title, shall be a reference to the Act, as amended.
- REAL PROPERTY, REAL ESTATE and LAND
- Includes lands, tenements and hereditaments.
- The portion of a street which is improved, designed or ordinarily used for vehicular traffic.
- The term "shall" shall be construed as being mandatory.
- Any portion of the street between the curb, or the lateral line of the roadway, and the adjacent property line, intended for the use of pedestrians.
- SIGNATURE and SUBSCRIPTION
- Includes a mark when the person cannot write.
- The State of Michigan.
- Any street, alley, highway, avenue, or public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway which is dedicated or devoted to public use.
- SUPERVISOR or TOWNSHIP SUPERVISOR
- The duly elected Supervisor of the Charter Township of Oakland, except where the reference to the Supervisor shall be substituted with "Superintendent" as provided in Ordinance No. 97 and Section 10 of the Charter Township Act, Act 359 of the Public Acts of 1947 (MCLA § 42.10).
- Includes "affirm."
- The present tense shall include the past and future tenses. The future tense shall include the present tense.
- The Charter Township of Oakland, Michigan.
- TOWNSHIP BOARD, TOWNSHIP BOARD OF TRUSTEES, BOARD OF TRUSTEES and BOARD
- The governing body of the Charter Township of Oakland.
- Seven consecutive days.
- Includes any representation of words, letters, symbols or figures.
- Twelve consecutive months.
In this section, the term "violation of this Code" shall mean any of the following:
Doing an act which is prohibited or made or declared unlawful, an offense or a violation by ordinance or rule or regulation authorized by ordinance.
Failure to perform an act that is required to be performed by ordinance or rule or regulation authorized by ordinance.
Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense or a violation or by ordinance or rule or regulation authorized by ordinance.
Any provision of this Code which is made or declared to be a misdemeanor, civil infraction or municipal civil infraction shall be a violation of this Code.
In this section, the term "violation of this Code" shall not include the failure of a Township officer or employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.
Except as specifically provided otherwise by state law or Township ordinance, all violations of this Code are misdemeanors. Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code that is a misdemeanor shall be punished by a fine not to exceed $500, and costs of prosecution, or by imprisonment for a period of not more than 90 days, or by both such fine and imprisonment. However, unless otherwise provided by law, a person convicted of a violation of this Code which substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days shall be punished by a fine not to exceed $500, and costs of prosecution, or by imprisonment for a period of not more than 93 days, or by both such fine and imprisonment.
Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that a violation continues shall be a separate offense. With respect to other violations, each violation shall constitute a separate offense.
The imposition of a penalty under this section shall not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.
Violations of this Code that are intermittent or ongoing are a nuisance per se and may be abated by injunctive or other equitable relief. The imposition of a penalty shall not prevent injunctive relief or civil or quasi-judicial enforcement.
A person determined to be responsible for a municipal civil infraction for any violation of the Code of the Charter Township of Oakland shall be subject to a civil fine in the amount of $75, plus costs and other sanctions, for each first offense, and a civil fine of $150, plus costs and other sanctions, for each repeat offense. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this Code.
The ordinances of the Charter Township of Oakland of a general and permanent nature adopted by the Township Board of Trustees of the Charter Township of Oakland, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 430, are hereby approved, adopted, ordained and enacted as the "Code of the Charter Township of Oakland" 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 shall become effective upon publication after adoption.
A copy of the Code in loose-leaf form has been filed in the office of the Township 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 Charter Township of Oakland by impressing thereon the Seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Township 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 Charter Township of Oakland" 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 Charter Township of Oakland, 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 Township. 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 Township Board of Trustees, 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 Charter Township of Oakland 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.
This Code and the various parts, sections, subsections, paragraphs, sentences, phrases, and clauses thereof are hereby declared to be severable. If any part, section, subsection, paragraph, sentence, phrase, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, it is hereby provided that the remainder of this Code shall not be affected thereby and shall remain in effect and valid.
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.
Except as provided in § 1-17, Ordinances saved from repeal; certain ordinances not affected by this Code, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Charter Township of Oakland which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect, even if not fully incorporated or restated within this Code.
The provisions of this Code, insofar as they are substantially the same as ordinances previously adopted by the Township relating to the same subject matter, shall be construed as restatements and continuations thereof and not as entirely new enactments.
Nothing in this Code (or the ordinance adopting this Code) affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code.
The adoption of this Code does not authorize any use or the continuation of any use of a structure, building, or premises in violation of any Township ordinance on the effective date of this Code.
The adoption of this Code and the repeal of ordinances provided for in § 1-14 of this ordinance shall not affect the validity of the following ordinances, rights and obligations, which are hereby expressly saved from repeal. The ordinances or portions of ordinances designated below continue in full force and effect to the same extent as if published at length in this Code.
Any ordinance adopted subsequent to July 14, 2015.
Any ordinance or portion of any ordinance promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.
Any ordinance or portion of any ordinance authorizing or approving any contract, deed, or agreement.
Any ordinance or portion of any ordinance granting any right or franchise.
Any ordinance or portion of any ordinance making or approving any appropriation or budget.
Any ordinance or portion of any ordinance providing for salaries or other employee benefits or personnel policies for officers or employees not codified in this Code.
Any ordinance or portion of any ordinance levying, imposing, or otherwise relating to truces not codified in this Code.
Any ordinance or portion of any ordinance adopting or amending the Township Master Plan.
Any ordinance or portion of any ordinance dedicating, accepting, or vacating any plat or subdivision, or annexing into or excluding from the Township any property.
Any ordinance or portion of any ordinance dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing, or vacating any street, sidewalk, or alley.
Any ordinance or portion of any ordinance establishing the grade of any street or sidewalk.
Any ordinance or portion of any ordinance levying or imposing any special assessment.
Any ordinance rezoning property.
Any currently effective ordinance providing for intergovernmental cooperation or establishing an intermunicipal agreement.
Any currently effective ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Charter Township of Oakland.
Any ordinance pertaining to engineering design standards.
Any ordinance regarding special districts.
Any ordinance or portion of any ordinance that is temporary although general in effect.
Any ordinance or portion of any ordinance that is special although permanent in effect.
Any ordinance or portion of any ordinance the purpose of which has been accomplished.
The Township's Zoning Ordinance and land use regulations, as amended; and the Zoning Map, as amended.
Ordinance No. 58, adopted 1-9-1990, Site Condominium Subdivisions, and any amendments thereto.
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.
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.
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 Township Board of Trustees 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.
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.)
Editor's Note: In accordance with § 1-19B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 3-13-2018." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
Nomenclature. Throughout the Code, the following outdated terms are updated as follows:
This ordinance shall be published in the manner as required by law. Except as otherwise provided by law, this ordinance shall be effective on the day after final publication.