[HISTORY: Adopted by the Village Council of the Village of
Spring Lake as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Municipal civil infractions — See Ch. 25.
[Adopted as Ch. 1, Secs. 1-2 and 1-8, of the 2000 Code of
Ordinances]
[Amended 5-15-1995 by Ord. No. 233; 9-15-2008 by Ord. No. 306]
A.
It
is the legislative intent of the Village 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 Village. In the construction of this Code and any
amendment to this Code, the following rules shall be observed, unless
the context clearly indicates otherwise:
(1)
Charter. The term "Charter" shall mean the Charter of the Village
of Spring Lake, adopted February 17, 1997, and shall include any amendment
to such Charter.
(3)
Computation of time. 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 be Sunday or a
legal holiday it shall be excluded; and when the time is expressed
in hours, the whole of Sunday or a legal holiday, from midnight to
midnight, shall be excluded if the time period expires on a Sunday
or legal holiday.
(4)
Conjunctions. 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.
(5)
County. The terms "the county" and "this county" shall mean the County
of Ottawa in the State of Michigan.
(6)
Gender. A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
and to all neuter objects as well as to males.
(7)
May. The term "may" is to be construed as being permissive and not
mandatory.
(8)
May not. The term "may not" states a prohibition.
(9)
Municipal civil infraction. The term "municipal civil infraction"
shall mean an act or omission that is prohibited by this Code or any
ordinance of the Village, but 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 Public Act No. 236 of 1961 (MCLA § 600.8701
et seq., MSA § 27A.8701 et seq.), as amended. A municipal
civil infraction is not a lesser included offense of a violation of
this Code that is a criminal offense.
(10)
Number. 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.
(11)
Oath, affirmation, sworn, affirmed. The term "oath" shall be construed
to 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."
(12)
Officer, department, board, commission or other agency. Whenever
any officer, department, board, commission or other agency is referred
to by title only, such reference shall be construed as if followed
by the words "of the Village of Spring Lake, Michigan." Whenever,
by the provisions of this Code, any officer of the Village 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.
(13)
Person. The term "person" includes firms, joint ventures, partnerships,
corporations, 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 all federal, state and local agencies of government,
as well as natural persons, and includes all their legal representatives,
heirs, successors and assigns.
(14)
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, is a reference to the Act as amended.
(15)
Shall. The term "shall" is to be construed as being mandatory.
(16)
State. The terms "the state" and "this state" shall be construed
to mean the State of Michigan.
(17)
Tense. Words used in the present or past tense include the future
as well as the present and past.
(18)
Village. The term "Village" shall mean the Village of Spring Lake,
Michigan.
(19)
Village Council. The term "Village Council" and "Council" shall mean
the Village Council of the Village of Spring Lake.
(20)
Village Manager or his or her designee. The term "Village Manager or his or her designee" shall mean the individual employed by the Village to enforce the codes adopted by the Village, including but not limited to Chapter 390, Zoning, of the Code of the Village of Spring Lake, the building codes,[2] and ordinances pertaining to the health, safety, and welfare
of the residents. This individual shall be responsible for Code compliance
and shall serve as Planning Administrator.
B.
Any
word or term not defined in this Code shall be considered to be defined
in accordance with its common or standard definition.
[Amended 5-15-1995 by Ord. No. 232; 5-15-1995 by Ord. No. 233]
A.
Unless
a violation of this Code or any ordinance of the Village is specifically
designated in the Code or ordinance as a municipal civil infraction,
the violation shall be deemed to be a misdemeanor.
B.
The
penalty of 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 this Code or any ordinance.
C.
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, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of Public Act No. 236 of 1961 (MCLA § 600.8701 et seq., MSA § 27A.8701 et seq.), and other applicable laws. Municipal civil infractions shall be subject to the enforcement procedures as set forth in Chapter 25, Municipal Civil Infractions, of the Code of the Village of Spring Lake.
(1)
Unless otherwise specifically provided for a particular municipal
civil infraction violation by this Code or any ordinance, the civil
fine for a violation shall be $200, plus costs and other sanctions,
for each infraction.
[Amended 4-16-2018 by Ord. No. 348]
(2)
Increased civil fines may be imposed for repeated violations by a
person of any requirement or provision of this Code or any ordinance.
As used in this section, the term "repeat offense" means a second
(or any subsequent) municipal civil infraction violation of the same
requirement or provisions committed by a person within any twelve-month
period (unless some other period is specifically provided by this
Code or any ordinance) and for which the person admits responsibility
or is determined to be responsible. Unless otherwise specifically
provided by this Code or any ordinance for a particular municipal
civil infraction violation, the increased fine for a repeat offense
shall be as follows:
D.
A
violation includes any act which is prohibited or made or declared
to be unlawful or an offense by this Code or any ordinance, and any
omission or failure to act where the act is required by this Code
or any ordinance.
E.
Each
day on which any violation of this Code or any ordinance continues
constitutes a separate offense and shall be subject to penalties or
sanctions as a separate offense.
F.
In
addition to any remedies available at law, the Village 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 Village ordinance.
[Adopted 4-16-2018 by Ord. No. 348]
Pursuant to MCLA § 78.24a and Section C-44 of the Charter of the Village of Spring Lake, the ordinances of the Village of Spring Lake of a general and permanent nature adopted by the Village Council of the Village of Spring Lake, as revised, codified and consolidated into chapters and sections by General Code and consisting of Chapters 1 through 390, together with an Appendix and the Village Charter, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Spring Lake," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all general and
permanent ordinances enacted prior to the adoption 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
Code of Ordinances, Spring Lake, Michigan, adopted October 2, 2000,
by Ordinance No. 269, as amended and supplemented.
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 Village Clerk/Treasurer 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 by the Clerk/Treasurer of the Village of Spring Lake
by impressing thereon the Seal of the Village, as provided by law,
and such certified copy shall remain on file in the office of the
Village Clerk/Treasurer, 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 Village Council to make them a party thereof, shall be deemed
to be incorporated into such Code so that reference to the "Code of
the Village of Spring Lake" 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/Treasurer of the Village of Spring Lake, pursuant
to law, shall cause to be published, in the manner required, a copy
of this Adopting Ordinance is a newspaper of general circulation in
the Village. Sufficient copies of the Code shall be maintained in
the office of the Clerk/Treasurer 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/Treasurer or someone authorized
and directed by the Clerk/Treasurer to keep upto-date the certified
copy of the book containing the Code required to be filed in his or
her office for use by 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/Treasurer, or an authorized agent of the
Clerk/Treasurer, upon the payment of a fee to be set by the Village
Council, or may be furnished electronically. The Clerk/Treasurer 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 Village of Spring Lake to be misrepresented thereby.
Anyone violating this section or any part of this ordinance shall
be subject, upon conviction, to a fine or 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.
A.
Except as provided in § 1-15, 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 Village of Spring Lake which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B.
The following Ordinances (of the 2000 Code of Ordinances) are specifically
repealed:
The adoption of this Code and the repeal of ordinances provided for in § 1-14, above, 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.
A.
Any ordinance adopted subsequent to May 16, 2016.
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 Village's
indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract, deed, 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 and/or vacation of such.
K.
All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation and other benefits to officers
and employees.
L.
Any ordinance pertaining to the rezoning of property, or adopting
or amending the Zoning Map.
M.
Any legislation relating to or establishing a pension plan or pension
fund for municipal employees.
N.
The annexing of property into the Village or description of corporate
limits; and/or the de-annexing or exclusion of property from the Village.
O.
Any ordinance providing for the duties of Village officers or employees
not codified in this Code.
P.
Any ordinance adopting or amending a Comprehensive Plan.
Q.
Any ordinance that is temporary, although general in effect.
R.
Any ordinance that is special, although permanent in effect.
S.
Any ordinance the purpose of which has been accomplished.
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 Village 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.)[1]
[1]
Editor's Note: In accordance with § 1-16B, the chapters, parts and sections that 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) 4-16-2018 by Ord. No. 348]. Schedule A, which contains a complete description of all changes, is on file in the Village offices.
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.
