The ordinances embraced in the following chapters and sections
shall constitute and be designated the "Code of Ordinances, Charter
Township of Chesterfield, Michigan," and may be so cited. Such Code
may also be cited as the "Chesterfield Charter Township Code."
It is the legislative intent of the township board, 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 township. In the construction of this Code
and any amendment thereto, the following rules shall be observed,
unless the context clearly indicates otherwise:
The Code of Ordinances, Charter Township of Chesterfield, Michigan, as designated in section 1-1.
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, except that if the last day is Sunday or a legal holiday,
it shall be excluded; and when the time is expressed in hours, the
whole of a Sunday or a legal holiday, from midnight to midnight, shall
be excluded.
The County of Macomb in the State of Michigan.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships, corporations, units
of government, trusts, estates, joint ventures and other legal entities,
as well as to males.
The abbreviations "MCL" and "MSA" refer to the Michigan Compiled
Laws and Michigan Statutes Annotated, respectively, as amended.
A calendar month.
A word importing the singular number only may extend and
be applied to several persons and things as well as to one person
and thing.
Include the term "affirmation" in all cases where by law
an affirmation may be substituted for an oath, and in like cases the
term "sworn" shall be construed to include the term "affirmed."
Whenever any officer, department or other agency is referred
to by title only, such reference shall be construed as if followed
by the words "of the Charter Township of Chesterfield, Michigan."
Whenever, by the provisions of this Code, any officer of the township
is assigned any duty or empowered to perform any act or duty, reference
to such officer shall mean and include such officer or his deputy
or authorized subordinate. Whenever in accordance with the provisions
of this Code or any ordinance of the township, any specific act is
required to be done by any designated officer or official of the township,
such act may be performed by any township employee duly authorized
to perform that act by such officer or official.
"Or" may be read "and," and the term "and" may be read "or"
if the sense requires it.
Includes firms, joint ventures, partnerships, corporations,
estates, trusts, units of government, clubs and all associations or
organizations of natural persons, either incorporated or unincorporated,
howsoever operating or named, and whether acting by themselves or
by a servant, agent or fiduciary, and includes all legal representatives,
heirs, successors and assigns thereof.
"Shall" is mandatory, and the term "may" is permissive.
The State of Michigan.
Words used in the present or past tense include the future
as well as the present and past.
The Charter Township of Chesterfield in Macomb County, Michigan.
The Township Board of Chesterfield Charter Township, Michigan.
Seven days.
May include any form of reproduction or expression of language.
A calendar year.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the sections and shall not be deemed or taken to be the titles
of such sections, nor as any part of the sections, nor, unless expressly
so provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or reenacted. No provision of this Code
shall be held invalid by reason of deficiency in any such catchline
or in any heading or title to any chapter, article or division.
Cross references, state law references, editor's notes and history
notes are by way of explanation only and should not be deemed a part
of the text of any section.
Nothing in this Code or the ordinance adopting this Code shall
affect any ordinance, when not inconsistent with this Code:
(1)
Promising or guaranteeing the payment of money for the township,
or authorizing the issuance of any bonds of the township or any evidence
of the township's indebtedness, or any contract or obligation assumed
by the township.
(2)
Containing any administrative provisions of the township board.
(3)
Acquiring a specific water and sewer system.
(4)
Granting any right or franchise, including the cable television franchise
(specifically Ordinance Number 70).
(5)
Dedicating, naming, establishing, locating, relocating, opening,
paving, widening, vacating, etc., any street or public way in the
township.
(6)
Making any appropriation.
(7)
Levying or imposing taxes.
(8)
Establishing or prescribing grades in the township.
(9)
Providing for local improvements and assessing taxes therefor.
(10)
Dedicating or accepting any plat or subdivision in the township.
(11)
Prescribing specific parking restrictions, no parking zones, specific
speed zones, parking meter zones, and specific stop or yield intersections
or other traffic ordinances pertaining to specific streets.
(12)
Pertaining to rezoning.
(13)
Pertaining to flood damage prevention and protection.
(14)
Any other ordinance, or part thereof, which is not of a general and
permanent nature.
(15)
Ordinance Number 69, effective 8-10-79, as amended; Ordinance Number
68, effective 8-10-79, as amended; Ordinance Number 66, effective
2-8-79; Ordinance Number 88, effective 7-19-90, as amended; are saved
from repeal.
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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 township clerk's office.
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(a)
Nothing in this Code or the ordinance adopting this Code shall affect
any offense or act committed or done, 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 in the township in effect
on the date of adoption of this Code.
(a)
Amendments to any of the provisions of this Code shall be made by
amending such provisions by specific reference to the section number
of this Code in the following language: "That section _____ of the
Code of Ordinances, Charter Township of Chesterfield, Michigan (or
Chesterfield Charter Township Code), is hereby amended to read as
follows:. . . ." The new provisions shall then be set out in full
as desired.
(b)
If a new section not heretofore existing in the Code is to be added,
the following language shall be used: "That the Code of Ordinances,
Charter Township of Chesterfield, Michigan (or Chesterfield Charter
Township Code), is hereby amended by adding a section, to be numbered
_____________, which section reads as follows: . . ." The new section
shall then be set out in full as desired.
(a)
By contract or by township personnel, supplements to this Code shall
be prepared and printed whenever authorized or directed by the township
board. A supplement to the Code shall include all substantive permanent
and general parts of ordinances adopted during the period covered
by the supplement and all changes made thereby in the Code. The pages
of a supplement shall be so numbered that they will fit properly in
the Code and will, where necessary, replace pages which have become
obsolete or partially obsolete; and the new pages shall be so prepared
that, when they have been inserted, the Code will be current through
the date of the adoption of the latest ordinance included in the supplement.
(b)
In preparing a supplement to this Code, all portions of this Code
that have been repealed shall be excluded from the Code by the omission
thereof from reprinted pages.
(c)
When preparing a supplement to this Code, the codifier (meaning the
person authorized to prepare the supplement) may make formal, nonsubstantive
changes in ordinances and parts of ordinances included in the supplement,
insofar as it is necessary to do so to embody them into a unified
Code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions.
(2)
Provide appropriate catchlines, headings and titles for sections
and other subdivisions of the Code printed in the supplement, and
make changes in such catchlines, headings and titles.
(3)
Assign appropriate numbers to sections and other subdivisions to
be inserted in the Code and, where necessary to accommodate new material,
change existing section or other subdivision numbers.
(4)
Change the words "this ordinance" or words of the same meaning to
"this chapter," "this article," "this division," etc., as the case
may be, or to "sections _____ to _____" (inserting section numbers
to indicate the sections of the Code which embody the substantive
sections of the ordinance incorporated into the Code).
(5)
Make other nonsubstantive changes necessary to preserve the original
meaning of ordinance sections inserted into the Code; but in no case
shall the codifier make any change in the meaning or effect of ordinance
material included in the supplement or already embodied in the Code.
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
of the township board 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.
No officer, agent, employee or member of the township board
shall render himself personally liable for any damage that may accrue
to any person as a result of any act, decision or other consequence
or occurrence arising out of the discharge of this duties or responsibilities
pursuant to this Code.
(a)
Unless another penalty is expressly provided by this Code for any
particular provision or section, every person convicted of a violation
of any provision of this Code, or any rule or regulation adopted or
issued pursuant thereto, shall be punished by a fine of not more than
$500 and costs of prosecution, or by imprisonment for a term not exceeding
90 days, or by both such fine and imprisonment. Each act of violation
and every day upon which any such violation shall occur shall constitute
a new and separate offense.
All fees and charges imposed by any section of this Code shall
be as prescribed by resolution of the township board adopted from
time to time. Copies of such resolution shall be on file in the office
of the township clerk.
It shall be unlawful for any person in the township to change
or amend by additions or deletions any part or portion of this Code,
or to insert or delete pages, or portions thereof, or to alter or
tamper with such Code in any manner whatsoever which will cause the
law of Chesterfield Charter Township to be misrepresented thereby.
