PART II. THE CODE OF ORDINANCES
Section
1-1 How Code designated and cited
1-2 Rules of construction
1-3 Catchlines of sections
1-4 Provisions considered as continuation of existing ordinances
1-5 Repeal does not revive ordinance previously repealed
1-6 Severability of parts of Code
1-7 General penalty; continuing violations
1-7.1 Attempt to commit a violation of a provision of this Code
1-7.2 Hate crimes
1-7.3 Abolition of distinction between accessory and principal
1-8 Enforcement of ordinances by issuance of appearance tickets by authorized personnel
1-9 Preparation of list of persons authorized to issue appearance tickets
1-10 Appearance tickets
1-11 Presumption of misdemeanor
1-12 Definitions
1-13 Commencement of municipal civil infraction action
1-14 Ordinance enforcement officer
1-15 Establishment of Bureau
1-16 Authority of Bureau
1-17 Election of person served with violation notice
1-18 Schedule of fines for a municipal civil infraction violation notice
1-19 Penalties for municipal civil infraction citations
1-20 Designation of municipal civil infractions
1-21 Repeal
1-22 – 1-130 Reserved
1-131 Representation by City officers, employees of persons before City agencies
1-132 Participation in making decisions relative to contracts with public entities or beneficial to officer or employee
1-133 Confidential information
1-134 Officers, employees not to use City personnel, resources, property or funds for personal gain or benefit
1-135 Profiting from official position, authority or knowledge
1-136 Accepting employment or rendering services for private or public interest
1-137 Waiver of restrictions
1-138 Notification of violation of ordinances required
1-139 Forfeiture of office
1-140 Political activities of City employees
1-141 Same — prohibited during duty hours; limitation on activities connected with community groups
1-142 Disclosure of conflict of personal interest; sworn statement
1-143 Same — same — contents of statement
1-144 Same — same — when statement to be filed
1-145 Annual disclosure by elective officers of employer, business and real property interests, gifts and other sources of income
1-146 Same — alternative to statement
1-147 Same — statement filed to satisfy requirements
1-148 Disclosure by candidates for elective office of employer, business and real property interests and gifts
1-149 Same — alternative to statement
1-150 City employee to take a leave of absence without pay upon complying with filing requirements for elective officer
1-151 City employee to resign from employment upon taking elective office
1-152 Compliance with Campaign Financing Act required
1-153 Copy of reports to County Clerk involving candidates to be filed with City Clerk
1-154 Copy of reports to County Clerk involving city issues to be filed with City Clerk
1-155 Failure to comply not to prevent seeking or holding office
1-156 Persons acting on behalf of another to influence official act of City to file statement of representation upon request
1-157 Persons representing others in attempt to influence official act of City required to disclose name of person represented upon request
1-158 Gifts to City officers or employees
1-159 Reporting expenditures incurred in course of attempting to influence official acts of City
1-160 Form of subpoena by Ombudsman
1-161 Refusal to comply with subpoena prohibited
1-162 Ombudsman; sick leave, extended sick leave, continuing absence, appointment of a temporary Ombudsman
1-163 Temporary Ombudsman; compensation
The ordinances embraced in the following chapters and sections shall constitute and be designated “The Code of the City of Flint, Michigan” and may be so cited. The Code may also be cited as “Flint City Code.”
Statutory reference:
Authority to City to codify its ordinances, see MCLA 117.5b
In the construction of this Code, and other ordinances of the City, the following rules shall be observed, unless the construction would be inconsistent with the manifest intent of the City Council.
ACT. The word “Act” means Act No. 236 of the Michigan Public Acts of 1961, as amended.
AUTHORIZED CITY OFFICIAL. “Authorized city official” shall mean a police officer or other personnel of the city authorized by this code or any ordinance to issue municipal civil infraction citations or municipal civil infraction violation notices.
BUREAU. “Bureau” means the City of Flint Municipal Ordinance Violations Bureau as established by this chapter.
CITY. The words THE CITY or THIS CITY shall be construed as if the words “of Flint, Michigan” followed them.
CODE. Whenever the words THE CODE or THIS CODE are used, they shall be construed to mean “The Code of the City of Flint, Michigan.”
COMPUTATION OF TIME. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday.
COUNCIL, CITY COUNCIL. Whenever the term COUNCIL or CITY COUNCIL is used, the same shall mean the City Council of the City of Flint, Michigan.
COUNTY. The words THE COUNTY or THIS COUNTY shall mean the County of Genesee.
DAY. The period of time between any midnight and the midnight following.
DAYTIME, NIGHTTIME. DAYTIME is the period of time between sunrise and sunset. NIGHTTIME is the period of time between sunset and sunrise.
GENDER. The masculine gender includes the feminine and neuter.
IN THE CITY. The words “in the city” shall mean and include all territory over which the city now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
JOINT AUTHORITY. All words giving a joint authority to three or more persons or officers shall be construed as giving the authority to a majority of such persons or officers.
LAND; REAL ESTATE. “Land” and “real estate” include lands, tenements and real estate and all rights thereto and interests therein.
MONTH. The word “month” shall mean a calendar month.
MUNICIPAL CIVIL INFRACTION ACTION. “Municipal civil infraction action” means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE. “Municipal civil infraction violation notice” means a written notice prepared by an authorized city official, directing a person to appear at the City of Flint Municipal Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines under § 1-14 hereof, as authorized under Section 8396 and 8707(6) of the Act.
NUMBER. A word importing the singular number only may extend and be applied to several persons and things as well as to one person or thing.
OATH. 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 case the word “sworn” shall be construed to include the word “affirmed.”
OFFICERS, DEPARTMENTS, ETC. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Flint, unless the context clearly indicates otherwise.
OWNER. The word OWNER applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
PERSON. “Person” includes any person, firm, association, organization, partnership, business trust, corporation or company.
PERSONAL PROPERTY. “Personal property” includes every species of property, except real property, as defined in this section.
PRECEDING, FOLLOWING. The words “preceding” and “following” mean next before and next after, respectively.
PROCESS. “Process” includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
PROPERTY. The word “property” includes real and personal property.
REAL PROPERTY. Real property shall include lands, tenements and hereditament.
SHALL, MAY. SHALL is mandatory and MAY is permissive.
SIGNATURE or SUBSCRIPTION BY MARK. SIGNATURE or SUBSCRIPTION includes a mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
STATE. The words THE STATE or THIS STATE shall be construed to mean the State of Michigan.
STREET. The word “street” shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.
TENANT or OCCUPANT. The words “tenant” or “occupant”, applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others.
TENSES. The present TENSE includes the past and future tenses, and the future includes the present.
WEEK. A WEEK consisting of seven consecutive days.
WRITING. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language, unless it is expressly provided otherwise.
YEAR. The word “year” shall mean a calendar year, except where otherwise provided.
(Ord. 3285, adopted 11-28-1994)
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