CHAPTER
10: GENERAL PROVISIONS
Section
10.01 Title of
code
10.02 Interpretation
10.03 Application to future ordinances
10.04 Captions
10.05 Definitions
10.06
Rules of interpretation
10.07 Severability
10.08 Reference to other sections
10.09 Reference to offices
10.10 Errors and omissions
10.11 Official time
10.12 Reasonable time
10.13 Ordinances repealed
10.14 Ordinances unaffected
10.15 Effective date of ordinances
10.16 Repeal or modification of ordinance
10.17 Ordinances which amend or supplement code
10.18 Section histories; statutory references
10.99 General
penalty
§ 10.01
TITLE OF CODE.
This codification of
ordinances by and for the City of Hartford, Michigan, shall be designated as
the Hartford City Code and may be so cited.
§ 10.02
INTERPRETATION.
Unless otherwise provided
herein 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 state law.
§
10.03 APPLICATION TO FUTURE ORDINANCES
All provisions of Title I,
compatible with future legislation, shall apply to ordinances hereafter
adopted amending or supplementing this code unless otherwise specifically
provided.
§ 10.04
CAPTIONS.
Headings and captions used
in this code, other than the title, chapter, and section numbers, are employed
for reference purposes only and shall not be deemed a part of the text of any
section.
§ 10.05
DEFINITIONS.
(A) General rule.
Words and phrases shall be taken in their plain, ordinary, and usual sense.
However, technical words and phrases having a peculiar and appropriate meaning
in law shall be understood according to their technical import.
(B) Definitions.
For the purpose of this code, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
CITY. The City of Hartford,
Michigan.
CITY COMMISSION. The City
Commission of Hartford, Michigan.
CODE, THIS CODE, THIS CODE OF ORDINANCES, CITY CODE,
or HARTFORD CITY CODE. This
municipal code as modified by amendment, revision, and adoption of new titles,
chapters, or sections.
COUNTY. Van Buren County, Michigan.
MAY.
The act referred to is permissive.
MONTH.
A calendar month.
OATH. An affirmation in all cases in which, by law, an affirmation may be
substituted for an oath and, in those cases, the words SWEAR and
SWORN shall be equivalent to the words AFFIRM and
AFFIRMED.
OFFICER, OFFICE, EMPLOYEE, COMMISSION,
or DEPARTMENT. An officer, office, employee, commission, or
department of the municipality unless the context clearly requires otherwise.
PERSON. Extends to and includes
person, persons, firm, corporation, co-partnership, trustee, lessee, or
receiver. Whenever used in any clause prescribing and imposing a penalty, the
terms PERSON or WHOEVER, as applied to any
unincorporated entity, shall mean the partners or members thereof and, as
applied to corporations, the officers or agents thereof.
PRECEDING or FOLLOWING. Next before or next after, respectively.
SHALL.
The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot
write.
STATE.
The State of Michigan.
SUBCHAPTER. A division of a chapter,
designated in this code by a heading in the chapter analysis and a capitalized
heading in the body of the chapter, setting apart a group of sections related
by the subject matter of the heading. Not all chapters have SUBCHAPTERS.
WRITTEN. Any representation of
words, letters, or figures, whether by printing or otherwise.
YEAR.
A calendar year unless otherwise expressed.
§ 10.06
RULES OF INTERPRETATION.
The construction of all ordinances of this municipality shall be by the
following rules unless the construction is plainly repugnant to the intent of
the legislative body or of the context of the same ordinance.
(A) AND
or OR. Either conjunction shall include the other as if written
“and/or,” if the sense requires it.
(B) Acts by assistants.
When a statute or ordinance requires an act to be done which, by law, an agent
or deputy as well may do as the principal, the requisition shall be satisfied
by the performance of the act by an authorized agent or deputy.
(C) Gender; singular
and plural; tenses. Words denoting the masculine gender shall be deemed
to include the feminine and neuter genders; words in the singular shall
include the plural, and words in the plural shall include the singular; the
use of a verb in the present tense shall include the future, if applicable.
(D) General term.
A general term following specific enumeration of terms is not to be limited to
the class enumerated unless expressly so limited.
§ 10.07
SEVERABILITY.
If any provision of this
code as now or later amended or its application to any person or circumstance
is held invalid, the invalidity does not affect other provisions that can be
given effect without the invalid provision or application.
§ 10.08
REFERENCE TO OTHER SECTIONS.
Whenever, in a section,
reference is made to another section hereof, the 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.
§ 10.09
REFERENCE TO OFFICES.
Reference to a public
office or officer shall be deemed to apply to any office, officer, or employee
of the municipality 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.
§ 10.10
ERRORS AND OMISSIONS.
If a manifest error is
discovered, consisting of the misspelling of any words; the omission of any
word or words necessary to express the intention of the provisions affected;
the use of a word or words to which no meaning can be attached; or the use of
a word or words when another word or words was clearly intended to express the
intent; the spelling shall be corrected and the word or words supplied,
omitted, or substituted as will conform with the manifest intention, and the
provisions shall have the same effect as though the correct words were
contained in the text as originally published. No alteration shall be made or
permitted if any question exists regarding the nature or extent of the error.
§ 10.11
OFFICIAL TIME.
The official time, as
established by applicable state or federal laws, shall be the official time
within this municipality for the transaction of all municipal business.
§ 10.12
REASONABLE TIME.
(A) In all
cases where an ordinance requires an act to be done in a reasonable time or
requires reasonable notice to be given, reasonable time or notice shall be
deemed to mean the time which is necessary for a prompt performance of the act
or the giving of the notice.
(B) The time
within which an act is to be done, as herein provided, shall be computed by
excluding the first day and including the last. If the last day be Sunday, it
shall be excluded.
§ 10.13
ORDINANCES REPEALED.
This code, from and after
its effective date, shall contain all of the provisions of a general nature
pertaining to the subjects herein enumerated and embraced. All prior
ordinances pertaining to the subjects treated by this code shall be deemed
repealed from and after the effective date of this code.
§ 10.14
ORDINANCES UNAFFECTED.
All ordinances of a
temporary or special nature and all other ordinances pertaining to subjects
not embraced in this code shall remain in full force and effect unless herein
repealed expressly or by necessary implication.
§ 10.15
EFFECTIVE DATE OF ORDINANCES.
All ordinances passed by
the legislative body requiring publication shall take effect from and after
the due publication thereof, unless otherwise expressly provided. Ordinances
not requiring publication shall take effect from their passage, unless
otherwise expressly provided.
§ 10.16
REPEAL OR MODIFICATION OF ORDINANCE.
(A) Whenever
any ordinance or part of an ordinance shall be repealed or modified by a
subsequent ordinance, the ordinance or part of an ordinance thus repealed or
modified shall continue in force until the ordinance repealing or modifying it
takes effect.
(B) No suit, proceedings, right, fine,
forfeiture, or penalty instituted, created, given, secured, or accrued under
any ordinance previous to its repeal shall in any way be affected, released,
or discharged, but may be prosecuted, enjoyed, and recovered as fully as if
the ordinance had continued in force unless it is otherwise expressly
provided.
(C) When any ordinance repealing a former
ordinance, clause, or provision shall be itself repealed, the repeal shall not
be construed to revive the former ordinance, clause, or provision unless it is
expressly provided.
§ 10.17
ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) If the legislative body shall desire to
amend any existing chapter or section of this code, the chapter or section
shall be specifically repealed and a new chapter or section, containing the
desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to
the existing code a new chapter or section shall indicate, with reference to
the arrangement of this code, the proper number of the chapter or section. In
addition to the indication thereof as may appear in the text of the proposed
ordinance, a caption or title shall be shown in concise form above the
ordinance.
§ 10.18
SECTION HISTORIES; STATUTORY REFERENCES.
(A) As histories for the code sections, the specific number and passage date
of the original ordinance, and the amending ordinances, if any, are listed
following the text of the code section. Example: (Ord. 10, passed 5‑13‑1960;
Am. Ord. 15, passed 1‑1‑1970; Am. Ord. 20, passed 1‑1‑1980; Am. Ord. 25,
passed 1‑1‑1985)
(B) (1) If a statutory cite is included in
the history, this indicates that the text of the section reads substantially
the same as the statute. Example: (M.C.L.A. § 15.231) (Ord. 10, passed
1‑17‑1980; Am. Ord. 20, passed 1‑1‑1985)
(2) If a statutory cite is set forth as a
“statutory reference” following the text of the section, this indicates that
the reader should refer to that statute for further information. Example:
§ 39.01 PUBLIC RECORDS
AVAILABLE.
This municipality shall make
available to any person for inspection or copying all public records unless
otherwise exempted by state law.
Statutory reference: Inspection of public
records, see Public Act 442 of 1976, being M.C.L.A. §§ 15.231 et seq.
§ 10.99
GENERAL PENALTY.
(A) Penalties in general.
(1) Whenever in this code or in any rule
or regulation adopted under this code an act is prohibited or is made or
declared to be unlawful or an offense is a misdemeanor, or wherever in the
code or rule or regulation the doing of any act is required or the failure to
do any act is declared to be unlawful, and no specific penalty is provided
therefore, the violation of any provision of this code or rule or regulation
shall be punishable by a fine of not more than $500 and costs of prosecution,
or by imprisonment of not more than 90 days, or by both the fine and
imprisonment.
(2) Each set of violations and every day
upon which any violation shall occur shall constitute a separate offense.
(3) (a) The penalty provided by this
section, unless another penalty is expressly provided, shall apply to any
amendment of this code, whether or not the penalty is reenacted in the
amendatory ordinance.
(b) In addition to the penalties provided in
this section, the city may enjoin or abate any violation of this code or any
rule or regulation adopted under this code by appropriate action, and may
avail itself of any other remedy provided by law to enforce this code or the
rule or regulation.
(c) Additional penalties or costs applicable
to particular sections of this code appear in those sections.
(B) Civil infractions. Any person,
corporation, or firm who violates, disobeys, omits, neglects, or refuses to
comply with any provision of this code, for which violation is designated as a
civil infraction, may be ordered to pay a civil fine of not more than $100
plus costs of prosecution. The words MUNICIPAL CIVIL INFRACTION
mean an act or omission that is prohibited by this code or any ordinance of
the city, 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 Public Act 236 of 1961,
M.C.L.A. §§ 600.8701 et seq. A municipal civil infraction is not a
lesser-included offense of violation of this code that is a criminal offense.
(C) General penalties and sanctions for
violations; continuing violations.
(1) Unless a violation of this code or any
ordinance of the city is specifically designated in the code or ordinance as a
municipal civil infraction, the violation shall be deemed to be a
misdemeanor.
(2) 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 this code or ordinance.
(3) 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 Public Act 236 of 1961, M.C.L.A. §§ 600.8701
et seq., and other applicable laws.
(4) Unless otherwise specifically provided
for a particular municipal civil infraction violation by this code or any
ordinance, the civil fine for violation shall be not less than $50 plus costs
and other sanctions for each infraction. 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, REPEAT OFFENSE means a
second (or any subsequent) municipal infraction violation of the same
requirement or provision committed by a person within any 6‑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.
(a) The fine for any offense which is a first
repeat offense shall be not less than $125 plus costs.
(b) The fine for any second repeat offense
shall be not less than $250 plus costs.
(c) 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.
(d) Each day of 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.
(D) Injunctive relief. The foregoing
penalties shall not prohibit the city from seeking injunctive relief against a
violator, or other appropriate relief as may be provided by law. Costs of
prosecution and/or enforcement and/or repair, alteration, or razing may be
assessed to anyone in violation hereof.
(E) Cost recovery.
(1) That in addition to all other penalties,
the City of Hartford may bring an action for costs of enforcement and
prosecution expense upon person, corporation, and firm that have violated the
City of Hartford Code of Ordinances. The action shall be a civil action in a
court of competent jurisdiction. The action shall be entitled in the name of
the city and shall be against the person that has allegedly violated the
ordinance of the municipality.
(2) Should the city receive a judgment and
should the judgment not be satisfied within 60 days of service upon the
defendant, the city may, upon 30‑days’ written notice, submit a copy of the
judgment to the City and County Treasurer for the costs to be added to the tax
roll of the defendant.
(3) The cost of enforcement and prosecution
shall be the actual amount of attorneys fees for enforcement of the ordinance.
An itemized list given under oath shall be prima facie evidence of the attorneys
fees.
(1993 Code, § 1.4)
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