(a)
This volume consists of all ordinances of a general and permanent
nature of the Municipality, revised, codified, arranged, numbered
and consolidated into component codes, titles, chapters and sections,
and as such shall be known and designated as the Codified Ordinances
of Coldwater, Michigan, 1992, for which designation "Codified Ordinances"
may be substituted. Code, title, chapter and section headings do not
constitute any part of the law as contained in the Codified Ordinances.
(b)
All references to codes, titles, chapters and sections are to such
components of the Codified Ordinances unless otherwise specified.
Any component code may be referred to and cited by its name, such
as the "Traffic Code." Sections may be referred to and cited by the
designation "section" followed by the number, such as "Section 202.01."
(a)
The Codified Ordinances of Coldwater may be amended or supplemented
at any time and, when any amendment or supplement is adopted in such
form as to indicate the intention of Council to make the same a part
thereof, such amendment or supplement shall be incorporated in, and
deemed a part of, the Codified Ordinances, so that a reference to
the Codified Ordinances shall be understood and construed as including
the Codified Ordinances of Coldwater and any and all such amendments
and supplements.
(b)
All amendments and supplements enacted as a part of the Codified Ordinances shall be integrated therewith by following the form of arrangement and plan set forth in the original Codified Ordinances as follows: each Code shall be subdivided into titles and/or chapters, and each chapter shall be subdivided into sections, which shall be numbered in accordance with the decimal numbering system. The numbering of all sections, except penalty sections, shall be consecutive within each chapter commencing with the first section of Chapter 202, which shall be numbered 202.01, the first "2" signifying Code 2, and the two figures "02" before the decimal signifying the chapter within the Code, and the two figures "01" after the decimal signifying the first section in Chapter 202 of the Code. Penalty sections shall be designated "99" and shall be the last section of a chapter.
Terms used in these Codified Ordinances, unless specifically
defined herein, shall have the meanings prescribed by State law. In
the construction of these Codified Ordinances, 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:
(1)
ADOPTING ORDINANCE — "Adopting Ordinance" means the ordinance
of the Municipality adopting the Codified Ordinances of Coldwater,
pursuant to law.
(2)
AUTHORITY — Whenever in the Codified Ordinances 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.
(3)
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.
(4)
CONJUNCTIONS — "And" includes "or" and "or" includes "and,"
if the sense so requires.
(5)
COUNCIL — "Council" means the legislative authority of the
City.
(6)
COUNTY — "County" means Branch County, Michigan.
(7)
GENDER — Words importing the masculine shall extend and be
applied to the feminine and neuter genders.
(8)
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.
(9)
JOINT AUTHORITY — Words giving authority to a board, commission,
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.
(10)
KEEPER and PROPRIETOR — "Keeper" and "proprietor" mean persons,
firms, associations, corporations, clubs and copartnerships, whether
acting by themselves or as a servant, agent or employee.
(11)
LAND and REAL ESTATE — "Land" and "real estate" include rights
and easements of an incorporeal nature.
(12)
LAW — "Law" means all applicable laws of the United States
of America, the State of Michigan and the City of Coldwater. [Adopting
Ordinance]
(13)
MUNICIPAL CIVIL INFRACTION — Means an act or omission that
is prohibited by these Codified Ordinances, but which is not a crime
under these Codified Ordinances, 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 these Codified Ordinances that is a criminal
offense.
[Ord. No. 500,
passed 12-12-1994]
(14)
MUNICIPALITY or CITY — "Municipality" or "City" means the City
of Coldwater, Michigan.
(16)
NUMBER — Words in the plural include the singular and words
in the singular include the plural number.
(17)
OATH — "Oath" 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.
(18)
ORDINANCE — "Ordinance" means and includes any ordinance of
the Municipality, including any provision of these Codified Ordinances.
(19)
OWNER — "Owner," when applied to property, includes a part
owner, joint owner or tenant in common of the whole or any part of
such property.
(20)
PERSON — "Person" 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.
(21)
PREMISES — "Premises," when used as applicable to property,
extends to and includes land and buildings.
(22)
PROPERTY — "Property" 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.
(23)
PUBLIC ACTS — "Public Acts" means Acts of the State legislature
of the State of Michigan.
(24)
PUBLIC PLACE — "Public place" means 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.
(25)
PUBLISH — "Publish" means 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.
(26)
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.
(27)
RESIDENCE — "Residence" means an abode in which a person permanently
resides.
(28)
RESPONSIBILITY — Whenever any act is prohibited by a provision
of these Codified Ordinances 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.
(29)
SHALL and MAY — "Shall" is mandatory; "may" is permissive.
(30)
SIDEWALK — "Sidewalk" means that portion of a street between
the curb lines or lateral lines and the right-of-way lines, which
is intended for the use of pedestrians.
(31)
STATE — "State" means the State of Michigan.
(32)
STREET, HIGHWAY and ALLEY — "Street," "highway" and "alley"
mean 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.
(33)
TENANT and OCCUPANT — "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.
(34)
TENSES — The use of any verb in the present tense includes
the future.
(35)
TIME — Whenever any time established in the Codified Ordinances
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
week day.
(a)
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 these Codified Ordinances, shall be served:
(1)
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;
(2)
By mailing such notice by certified or registered mail to such
owner at his or her last known address; or
(3)
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.
(b)
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.
It is the legislative intent of Council in adopting these Codified
Ordinances that all provisions and sections of these Codified Ordinances
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 these Codified Ordinances 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 these Codified Ordinances 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 these Codified Ordinances, whether or not the wording
of this section is set forth in the amendatory ordinance.
All ordinances, resolutions, rules and regulations of the Municipality,
and parts of the same, in conflict with any of the provisions of these
Codified Ordinances, are hereby repealed.
The repeal provided for in Section 202.06 shall not affect:
(a)
Any offense or act committed or done, or any penalty or forfeiture
incurred, or any contract or right established or accruing, before
the adoption of these Codified Ordinances;
(b)
Any ordinance or resolution promising or guaranteeing the payment
of money by or to the Municipality, or authorizing the issuance of
any bonds of the Municipality, or any evidence of the Municipality's
indebtedness, or any contract or obligation assumed by the Municipality;
(c)
The administrative ordinances and resolutions of Council not in conflict
or inconsistent with any provision of these Codified Ordinances;
(d)
Any right, license or franchise conferred by any ordinances or resolution
of Council on any person;
(e)
Any ordinance or resolution establishing, naming, relocating or vacating
any street or other public way;
(f)
Any ordinance or resolution or part thereof providing for the establishment
of positions, for salaries or compensation;
(g)
Any prosecution, suit or other proceeding pending, or any judgment
rendered, on or prior to the adoption of these Codified Ordinances;
(h)
Any ordinance or resolution levying or imposing taxes or assessments;
(i)
Any ordinance or resolution establishing or changing the boundaries
of the Municipality; or
(j)
Any ordinance or resolution adopted by Council after the adoption
of these Codified Ordinances.
These Codified Ordinances shall apply to acts performed within
the jurisdiction of the City. Acts performed outside the City shall
be governed by these Codified Ordinances up to the limits prescribed
by law, where the law confers power on the City to regulate such acts
outside the City.
[Ord. No. 700,
passed 1-23-2006]
Each copy of the Codified Ordinances distributed to an officer
or employee of the City shall remain the property of the City and
shall be turned over by such officer or employee, upon expiration
of his or her term of office or employment with the City, to the City
Clerk for reassignment.
[Ord. No. 500,
passed 12-12-1994]
(a)
Unless a violation of these Codified Ordinances or any ordinance
of the City is specifically designated in these Codified Ordinances
or any other ordinance as a Municipal civil infraction, the violation
shall be deemed to be a misdemeanor.
(b)
The penalty for a misdemeanor violation shall be a fine not exceeding
$500 (plus costs of prosecution), or imprisonment not exceeding 90
days, or both, unless a specific penalty is otherwise provided for
the violation by these Codified Ordinances or any other ordinance.
(c)
The sanction for a violation which is a Municipal civil infraction
shall be a civil fine in the amount as provided by these Codified
Ordinances or any ordinance, plus any costs, damages, expenses or
other sanctions, as authorized in Chapter 87 of Act 236 of the Public
Acts of 1961, as amended, and other applicable laws.
(d)
Unless otherwise specifically provided for a particular Municipal
civil infraction violation by these Codified Ordinances or any other
ordinance, the civil fine for a violation shall be not less than $50,
plus costs and other sanctions, for each infraction.
(e)
Increased civil fines may be imposed for repeated violations by a
person of any requirement or provision of these Codified Ordinances
or any ordinance. As used in this section, "repeat offense" means
a second (or any subsequent) Municipal civil infraction of the same
requirement or provision committed by a person within any one-year
period (unless some other period is specifically provided by these
Codified Ordinances or any ordinance) and for which the person admits
responsibility or is determined to be responsible. Unless otherwise
specifically provided by these Codified Ordinances or any ordinance
for a particular Municipal civil infraction violation, the increased
fine for a repeat offense shall be as follows:
(f)
A violation includes any act which is prohibited or made or declared
to be unlawful or an offense by these Codified Ordinances or any ordinance,
and any omission or failure to act where the act is required by these
Codified Ordinances or any ordinance.
(g)
Each day on which any violation of these Codified Ordinances or any
ordinance continues constitutes a separate offense and shall be subject
to penalties or sanctions as a separate offense.
(h)
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 these Codified Ordinances or any
City ordinance.
(i)
The imposition of any penalty provided for in this section shall
be in addition to any surcharges levied for a violation of or noncompliance
with the provisions of these Codified Ordinances, or a provision of
a technical or other code adopted by reference in these Codified Ordinances,
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 these Codified
Ordinances or a provision of a technical or other code adopted by
reference in these Codified Ordinances, 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.
