SECTION 1. The enacting clause of all ordinances shall read “The Village of Bingham Farms ordains,” but such caption may be omitted when said ordinances are published in book form by authority of the Council. Each proposed ordinance shall be introduced in written or printed form.
SECTION 2. Except as otherwise provided in this Charter, the council shall have power by ordinance to amend or repeal any ordinance, in whole or in part. No ordinance shall be amended by reference to its title only, but the section or sections of the ordinance to be amended shall be re-enacted at length. Any ordinance may be repealed by reference only to its number and title.
SECTION 3. All ordinances shall be recorded in an indexed book marked “Ordinance Book” and the record of each ordinance shall be authenticated by the signature of the President and Clerk. Such record and authentication shall be done promptly after the final passage of the ordinance but failure to so record and authenticate any ordinance shall not invalidate it or suspend its operation. Within one (1) week after the passage of any ordinance, the same shall be published in a newspaper printed in the Village, if any is published therein, otherwise copies of the ordinance shall, within the same time, be posted in three (3) of the most public places in the Village; and the Clerk shall immediately after such publication or posting, enter in the record of ordinances, in a blank space to be left for such purpose under the record of ordinances, a certificate under his hand, stating the time and places of such publication or posting. Such certificate shall be prima facie evidence of the due publication posting of the ordinance.
SECTION 4. Every ordinance shall become effective upon its publication unless a later effective date is provided therein.
SECTION 5. The Village Council shall have the authority to provide in any Ordinance for the punishment of those who violate the same by a fine not exceeding $500.00 or imprisonment not exceeding 90 days, or both. However, unless otherwise provided by law, an Ordinance may provide that a violation of the Ordinance is punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both, 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. The Village Council shall also have the authority to adopt Ordinances that designate a violation of the Ordinance as a civil infraction and provide a civil fine for that violation. (Section 5 as amended November 6, 2018)
SECTION 6. Prosecution for violation of any ordinance of the Village shall be commenced within two (2) years after the commission of the offense; provided that the limitation herein imposed shall not be construed as a limitation on the Village’s right to forfeit any franchise, grant or license for violation of the terms and conditions thereof after said two-year period.
SECTION 7. In all judicial proceedings, it shall be sufficient to plead any ordinance by title and the number of applicable section or sections, and it shall not be necessary to set forth the entire ordinance or section in any pleadings.
SECTION 8. Judicial notice shall be taken of the enactment, existence, provisions and continuing force of all ordinances of the Village.
SECTION 9. Whenever it shall be necessary to prove any ordinance in any judicial proceedings, the same may be proved by a record thereof kept by the Clerk, by a copy thereof duly certified as a true copy by the Clerk, under the seal of the Village, or from any volume purporting to have been published, printed and compiled by authority of the Council.