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All by-laws, ordinances, resolutions, rules, and regulations of the City of Croswell, which are not inconsistent with the provisions of this charter, in force and effect at the time of adoption of the charter, shall continue in full force as by-laws, ordinances, resolutions, rules and regulations of the City of Croswell until repealed or amended by action of the proper authorities.
All legislation of the City of Croswell shall be by ordinance or by resolution.
(a) The word "resolution" as used in this charter shall be the official action of the Council in the form of a motion, and such action shall be limited to matters required or permitted to be done by resolution by this charter or by state or federal law and to matters pertaining to the internal affairs or concerns of this city government.
(b) All other acts of the Council, and all acts carrying a penalty for the violation thereof, shall be by ordinance. Each ordinance shall be identified by a number and a short title. The style of all ordinances passed by the Council shall be "The City of Croswell Ordains:"
(c) The Council may adopt any provision of state law or any detailed technical regulations as a city ordinance or code by reference to the extent and in the manner provided by state law, provided that any such provision of state law or code shall be clearly identified in the ordinance adopting the same as an ordinance of the city, and further, should any changes or amendments thereafter be made thereto, they should also be made a part of and included in such adoption. Where any such code is adopted, it may be published in book or booklet form available for public distribution at a reasonable charge and any amendment to or change of such adopted code or detailed ordinance may be published in the same manner.
Ordinances may be enacted, amended, or repealed by the affirmative vote of not less than three (3) councilpersons, except that when an ordinance is given immediate effect, Section 6A will govern. Unless by the affirmative vote of three councilpersons, no office shall be created or be abolished, no tax or assessment be imposed, no street, alley, or public ground be vacated, no real estate or any interest therein be sold or disposed of, no private property be taken for public use, nor any vote of the council be reconsidered or rescinded at a special meeting, or any money appropriated except as otherwise provided by this charter. Except in the case of emergency, no ordinance shall be finally passed by the Council at the same meeting at which it is introduced.
No ordinance shall be revised, altered, or amended by reference to the title only, but the section or sections of the ordinance revised, altered or amended shall be re-enacted and published. However, an ordinance may be repealed by reference to its number and title only.
The effective date of ordinances shall be prescribed therein, but the effective date shall not be earlier than fifteen (15) days after the enactment nor before publication thereof, except that ordinances immediately necessary for the preservation of the public peace, health or safety may be given earlier effect by the affirmative vote of not less than three Councilpersons if three or four Councilpersons are present at the meeting, and by the affirmative vote of not less than four (4) Councilpersons if five (5) Councilpersons are present at the meeting. In case an ordinance is given effect earlier than fifteen (15) days after its enactment, all requirements for publication may be met by posting copies thereof in conspicuous locations in three (3) public places in the City; and the Clerk shall, immediately after such posting, enter in the Ordinance Book under the record of the ordinance a certificate under his/her hand stating the time and place of such publication by posting, which certificate shall be prima facie evidence of the due publication and posting of the ordinance.
The Council shall provide in each ordinance for the punishment of violations thereof, but, unless permitted by law, no such punishment, excluding the costs charged, shall exceed a fine of five hundred ($500.00) or imprisonment for not more than ninety (90) days, or both, in the discretion of the Court. Imprisonment for violation of ordinances may be in the County jail.
Each ordinance passed by the Council shall be published at least once within fifteen (15) days after its adoption in a newspaper published in Sanilac County. The publication of any ordinance in full after its final passage as a part of the published proceedings of the Council shall constitute publication of such ordinance as required herein. All ordinances and revisions, alterations, or amendments of ordinances shall be recorded by the Clerk in a book to be called "The Ordinance Book", and it shall be the duty of the Mayor and Clerk to authenticate such records by their official signatures thereon.
Every ordinance or resolution granting any franchise or right to occupy or use the streets, highways, bridges, or public places in the City for any purpose shall be complete in the form in which it is finally passed, and remain on file with the Clerk for public inspection for at least one (1) week before the final passage or adoption thereof. No exclusive franchises or grant of right to occupy or use the streets or public places of the City shall ever be granted.
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