Village of Vicksburg, MI General Provisions

[HISTORY: Adopted by the Village Council of the Village of Vicksburg as indicated in article histories. Amendments noted where applicable.]

Article I Definitions; General Penalty

[Adopted 11-16-1995 by Ord. No. 216 (Ch. 1, Secs. 1-1, 1-2, 1-3, 1-5, 1-7 and 1-12, of the 1995 Village Code)]

§ 1-1 Designation and citation of Code.

The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, Village of Vicksburg, Michigan," and may be so cited. Such Code may also be cited as the "Vicksburg Village Code."

§ 1-2 Definitions and rules of construction.

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 thereto, the following rules and definitions shall be observed, unless the context clearly indicates otherwise:

CODE

The term "this Code" or "Code" shall mean the Code of Ordinances, Village of Vicksburg, Michigan, as designated in § 1-1.

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 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.

COUNTY

The term "the county" or "this county" shall mean the County of Kalamazoo in the State of Michigan.

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.

MCLA

The abbreviation "MCLA" shall mean the Michigan Compiled Laws Annotated, as amended.

[Amended 5-15-2023 by Ord. No. 299]

NUMBER

A word imparting the singular number only may extend and be applied to several persons and things as well as to one person and thing.

OATH, AFFIRMATION, SWORN, AFFIRMED

The word "oath" shall be construed to include the word "affirmation" in all cases where, by law, an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed."

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 Vicksburg, 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.

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 legal representatives, heirs, successors and assigns thereof.

PUBLIC ACTS

All references to "Public Acts" are references to Michigan Public Acts.

PUBLIC PLACE

Any place to or upon which the public resorts or travels, whether such place is owned or controlled by the Village 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.

SIDEWALK

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 term "the state" or "this state" shall be construed to mean the State of Michigan.

STREET, HIGHWAY or ALLEY

The entire width subject to an easement for public right-of-way or owned in fee by the Village, county or state, or every way or place, of whatever nature, whenever any part thereof is open to the use of the traveling public. The word "alley" shall mean 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.

VILLAGE

The Village of Vicksburg, Michigan.

VILLAGE COUNCIL

The term "Village Council" or "Council" shall mean the Village Council of the Village of Vicksburg.

Any word or term not defined in this Code shall be considered to be defined in accordance with its common or standard definition.

§ 1-3 Section catchlines and other headings.

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.

§ 1-4 References and editor's notes.

The references and editor's notes following certain sections of the Code are inserted as an aid and guide to the reader and are not controlling or meant to have any legal effect.

§ 1-5 Effect of repeal of ordinances.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, or any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.

§ 1-6 General penalty for violation of Code; continuing violations.

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 in pursuance of this Code 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 and imprisonment. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. 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.

In addition to the penalty prescribed in Subsection A of this section, the Village may pursue other remedies such as enforcement of a civil infraction, abatement of nuisances, injunctive relief and revocation of licenses or permits.

Article II Adoption of Code

[Adopted 5-15-2023 by Ord. No. 299]

§ 1-7 Adoption of Code.

In accordance with MCLA § 78.24a, the ordinances of the Village of Vicksburg of a general and permanent nature adopted by the Village Council of the Village of Vicksburg, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 475, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Vicksburg," hereinafter known and referred to as the "Code."

§ 1-8 Code supersedes prior ordinances.

This ordinance and the Code shall supersede all other 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 and the Code shall supersede the 1995 Village Code of Ordinances, Vicksburg, Michigan, adopted November 6, 1995, by Ordinance No. 216, as amended and supplemented.

§ 1-9 Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the Village 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 Village of Vicksburg 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, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-10 Amendments to Code.

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 Village of Vicksburg" 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 published as amendments and supplements to the Code.

§ 1-11 Publication; filing.

The Clerk of the Village of Vicksburg, 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 Village. 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.

§ 1-12 When effective.

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.

§ 1-13 Altering or tampering with Code; violations and penalties.

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 Vicksburg 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.

§ 1-14 Severability.

Severability of Code provisions. 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.

Severability of ordinance provisions. 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.

§ 1-15 Repeal of inconsistent legislation.

Except as provided in § 1-16, Ordinances saved from repeal, 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 Vicksburg which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

Repeal of specific provisions. The Village Council of the Village of Vicksburg has determined that the following ordinances and/or provisions of the 1995 Village Code are no longer in effect and hereby specifically repeals the following legislation:

(1)

Former Chapter 34, Art. II, Div. 1, of the 1995 Village Code, Arrest reports, adopted 4-2-1913 by Ord. No. 2

(2)

Former Chapter 34, Art. II, Div. 2, of the 1995 Village Code, Law enforcement/Police Department employment.

§ 1-16 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-15 of this ordinance shall not affect 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 Ord. No. 296.

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 not codified in this Code.

Any ordinance or portion of any ordinance levying, imposing, or otherwise relating to taxes not codified in this Code.

Any ordinance or portion of any ordinance adopting or amending the Village Master Plan.

Any ordinance or portion of any ordinance dedicating, accepting, or vacating any plat or subdivision.

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 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.

Any ordinance (or portion thereof) adopted by reference and not fully incorporated or restated within this Code.

§ 1-17 Provisions deemed continuation of existing ordinances.

The provisions of this Code, insofar as they are substantially the same as ordinances previously adopted by the Village relating to the same subject matter, shall be construed as restatements and continuations thereof and not as entirely new enactments.

§ 1-18 Effect on prior offenses or rights.

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 Village ordinance on the effective date of this Code.

§ 1-19 Changes in previously adopted ordinances.

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.

Global revisions; nomenclature changes.

(1)

Throughout the Code, references to "MSA" are deleted.

(2)

Throughout the Code, gender-neutral language has been applied.

(3)

Throughout the Code, specific amounts of fees that are set and amended by resolution have been removed and replaced with reference to the Village Fee Schedule.

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 § 1-19C, the chapters, parts and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or repeals will be replaced with the following history: “Amended (added, repealed) 5-15-2023 by Ord. No. 299." Schedule A, which contains a complete description of all changes, is on file in the Village offices.

§ 1-20 References to Michigan Compiled Laws.

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.