[Code 1992, § 1-1]
This codification of ordinances shall be known and cited as
the "Code of Ordinances, City of Port Huron, Michigan."
[Code 1992, § 1-2; 6-26-2017 by Ord. No. 17-005]
In the construction of this Code and of all ordinances of the
City, the following definitions and rules of construction shall be
observed, unless they are inconsistent with the intent of the Council
or the context clearly requires otherwise:
Charter. The term "Charter" means the Charter
of the City of Port Huron, Michigan, adopted November 2, 2010, effective
January 1, 2011, and shall include any amendment to such Charter.
City. The term "City" denotes the City of Port
Huron, Michigan.
Code. The terms "Code" and "this Code" mean the Code of Ordinances, City of Port Huron, Michigan, as designated in § 1-1, and as modified by amendment; by revision; and by the adoption of new chapters, articles, divisions or sections.
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 is a Sunday or a legal holiday, it shall be excluded; when
the time is expressed in hours, the whole of Sunday or a legal holiday,
from 12:00 midnight to 12:00 midnight, shall be excluded.
Council. The term "council" means the Council
of the City of Port Huron.
County. The terms "the county" and "this county"
mean the County of St. Clair in the State of Michigan.
Gender. Terms denoting the masculine gender
shall be deemed to include the feminine and neuter genders.
General terms. A general term following a specific
enumeration of terms is not to be limited to the class enumerated
unless expressly so limited.
Joint authority. All words purporting to give
joint authority to three or more public officers or other persons
shall be construed as giving such authority to a majority of such
officers or other persons unless it is otherwise expressly declared
in the ordinance granting the authority.
MCL. The abbreviation "MCL" refers to the Michigan
Compiled Laws, as amended.
Month. The term "month" means a calendar month.
Number. Words in the singular shall include
the plural, and words in the plural shall include the singular.
Officer, employee, department, board, commission or
other agency. Whenever any officer, employee, department,
board, commission, or other agency is referred to by title only, such
reference shall be construed as if followed by the phrase "of the
City of Port Huron, Michigan." Whenever, by the sections of this Code,
any officer, employee, department, board, commission or other agency
of the City is assigned any duty or empowered to perform any act or
duty, reference to such officer, employee, department, board, commission
or agency shall mean and include such officer, employee, department,
board, commission or agency or any deputy or authorized subordinate.
Or, and. The term "or" may be read "and," and
the term "and" may read "or," if the sense requires it.
Person, whoever. The term "person" and its
derivatives and the term "whoever" include a natural person, a partnership,
an association, a legal entity or a corporate body or any body of
persons corporate or incorporate. Whenever used in any clause prescribing
and imposing a penalty, the terms "person" and "whoever," as applied
to any unincorporated entity, mean the partners or members thereof
and, as applied to corporations, the officers thereof.
Public Act. The term "Public Act" means a Public
Act of the State of Michigan and shall refer to such act as amended.
Public place. The term "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. The term "public place"
includes any street, alley, park, public building; any place of business
or assembly open to or frequented by the public; and any other place
which is open to the public view or to which the public has access.
Shall and may. Whenever the
term "shall" appears in this Code, it shall be considered mandatory
and not directory, except as otherwise provided. The term "may" is
permissive.
Sidewalk. The term "sidewalk" means 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.
State. The terms "the state" and "this state"
shall be construed to mean the State of Michigan.
Street, highway and alley. The terms "street" and "highway" 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 public, as a matter
of right, for purposes of public travel. The term "alley" means any
such way or place providing a secondary means of ingress and egress
from a property.
Tense. Words used in the present or past tense
include the future as well as the present and past.
[Code 1992, § 1-3]
Unless otherwise provided in this Code or by law or implication
required, the same rules of construction, definition and application
shall govern the interpretation of this Code as those governing the
interpretation of the Public Acts of Michigan.
[Code 1992, § 1-4]
All sections of this Code are limited in application to the
territorial boundaries of the municipal corporation and any territory
over which the municipal corporation shall have legal jurisdiction.
[Code 1992, § 1-5]
Headings and captions used in this Code, such as the chapter,
article, division and section headings and numbers, are employed for
reference purposes only and shall not be deemed a part of the text
of any section and do not limit the subject matter.
[Code 1992, § 1-6]
Charter references, cross references, state law references and
editor's notes used in this Code are by way of explanation only
and should not be deemed a part of the text of any section.
[Code 1992, § 1-7]
All of the sections of this chapter, not incompatible with future
legislation, shall apply to ordinances adopted amending or supplementing
this Code unless otherwise specifically provided.
[Code 1992, § 1-8]
The sections of this Code are hereby declared to be severable.
If any chapter, article, division, subdivision, clause, sentence,
paragraph, rule, regulation, section or subsection is declared void
or inoperable for any reason by any court, it shall not affect any
other part or portion thereof, other than the part declared void or
inoperable.
[Code 1992, § 1-9]
Whenever in one section reference is made to another section
of this Code, such reference shall extend and apply to the section
referred to as subsequently amended, revised, recodified or renumbered,
unless the subject matter is changed or materially altered by the
amendment or revision.
[Code 1992, § 1-10]
Reference to a public officer shall be deemed to apply to any
office, officer, or employee of the City exercising the powers, duties
or functions contemplated in the provision, irrespective of any transfer
of functions or change in the official title of the functionary.
[Code 1992, § 1-11]
(a)
Nothing in this Code or the ordinance adopting this Code shall affect
the following when not inconsistent with this Code:
(1)
Any offense committed or penalty incurred or any right established
prior to the effective date of this Code.
(2)
Any ordinance levying annual taxes.
(3)
Any ordinance appropriating money.
(4)
Any ordinance authorizing the issuance of bonds or borrowing of money.
(5)
Any ordinance approving the incorporation of the economic development
corporation of the City.
(6)
Any ordinance establishing utility rates.
(7)
Any ordinance establishing franchises or granting special rights
to certain persons.
(8)
Any ordinance authorizing public improvements.
(9)
Any ordinance authorizing the purchase or sale of real or personal
property.
(10)
Any ordinance annexing or detaching territory.
(11)
Any ordinance granting or accepting easements, plats or dedications
of land to public use.
(12)
Any ordinance dedicating, naming, establishing, locating, relocating,
opening, paving, widening, vacating, etc., any street or public way
in the City.
(13)
Any ordinance establishing or prescribing grades in the City.
(14)
Any ordinance prescribing the number, classification or compensation
of any City officers or employees.
(15)
Any ordinance prescribing traffic and parking restrictions pertaining
to specific streets.
(16)
Any ordinance pertaining to zoning.
(17)
Any other ordinance or part thereof which is not of a general
and permanent nature.
(b)
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 City Clerk's office.
[Code 1992, § 1-12]
(a)
By contract or by City personnel, supplements to this Code shall
be prepared and printed whenever authorized or directed by the Council.
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 into
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 the Code
which 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, agency or organization 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); and
(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.
[Code 1992, § 1-13]
If sections of this Code do not directly name a City official
who is responsible for carrying out enforcement provisions, the City
Manager or his or her designee may direct any one of the City's
employees, officers or other agencies to perform the stated enforcement
provisions.
[Code 1992, § 1-14]
Where there is a difference or conflict between sections of
this Code or those contained in lawfully adopted county, state, city,
federal or other governmental agency rules, regulations, ordinances
or laws, the most liberal interpretation of the most restrictive or
the one imposing the most desirable standard shall prevail.
[5-10-2004 by Ord. No.
1226]
Nothing in this Code or in any codes or any administrative rules
and amendments hereby adopted by reference shall be construed to affect
any suit or proceeding pending in any court or any rights acquired
or liability incurred or any cause of action acquired or existing
under any act or ordinance hereby repealed; nor shall any just or
legal right or remedy of any character be lost, impaired, or affected
by this Code.
[Code 1992, § 1-15; 5-22-1995 by Ord. No. 1085]
(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 or section of this Code or any rule, regulation or
order adopted or issued in pursuance thereof shall be punished by
a fine of not more than $500 and costs of prosecution or by imprisonment
for not more than 90 days or by both such fine, costs and imprisonment
in the discretion of the court; however, unless otherwise provided
by law, if the violation substantially corresponds to a violation
of state law that is a misdemeanor for which the maximum period of
imprisonment is 93 days, such violation of a provision or section
of this Code shall be punished by imprisonment for not more than 93
days or a fine of not more than $500 or both. Each act of violation
and every day upon which any such violation shall occur shall constitute
a separate offense.
(b)
A municipal civil infraction shall carry a civil fine of not less than $25 nor more than $500 in the discretion of the court unless indicated otherwise by a provision in the section, article or chapter in which it appears and, provided, a violator admitting responsibility at the City Municipal Ordinance Violations Bureau to a municipal civil infraction commenced by the issuance of a municipal civil infraction violation notice directing the alleged violator to appear at the City Municipal Ordinance Violations Bureau shall pay a fine in accordance with Section 32-37.
(c)
The penalty provided by this section, unless another penalty is expressly
provided, shall apply to the amendment of any section of this Code,
whether or not such penalty is reenacted in the amendatory ordinance.
(d)
The penalty shall be in addition to the abatement of the violating
condition, any injunctive relief, or revocation of any permit or license.
