ADOPTING ORDINANCE

ORDINANCE NO. 39

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE VILLAGE OF FOWLER, MICHIGAN; PROVIDING FOR THE CONTINUATION OF THE ZONING ORDINANCE AS A SEPARATE ORDINANCE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED IN THE CODE; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING THE CODE; AND PROVIDING WHEN THE CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

   THE VILLAGE OF FOWLER ORDAINS:

   SECTION 1. The Code entitled "Code of Ordinances, Village of Fowler, Michigan," published by American Legal Publishing Corporation, consisting of Chapters 10 through 151, and the Table of Special Ordinances, inclusive, is adopted.

   SECTION 2. Except with respect to Ordinance No. 20, the Zoning Ordinance, which with all maps and diagrams shall remain in effect as an independent ordinance, all ordinances of a general and permanent nature enacted on or before October 8, 2001, and not included in the Code or recognized and continued in force by reference therein, are repealed. The repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance. All prior ordinances pertaining to the subjects treated in the Code of Ordinances shall be deemed repealed from and after the effective date of this Ordinance except as they are included and re-ordained in whole or in part in the Code. The repeal shall not affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing the purchase or sale or real or personal property, granting or excepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of temporary or special nature pertaining to subjects not contained in or covered by the Code.

   SECTION 3. The Code of Ordinances consists of the following Titles and Chapters:

   TITLE I: GENERAL PROVISIONS

      10.   General Provisions

   TITLE III: ADMINISTRATION

      30.   Finance and Taxation

   TITLE V: PUBLIC WORKS

      50.   Water arid Sewer Regulations

   TITLE VII: TRAFFIC CODE

      70.   Traffic Regulations

   TITLE IX: GENERAL REGULATIONS

      90.   Animals

      91.   Fire Prevention and Protection

      92.   Health and Sanitation; Nuisances

      93.   Streets and Sidewalks

   TITLE XI: BUSINESS REGULATIONS

      110.   Business Licensing

   TITLE XIII: GENERAL OFFENSES

      130.   Miscellaneous Offenses

   TITLE XV: LAND USAGE

      150.   Building Regulations

      151.   Subdivision Regulations

   TABLE OF SPECIAL ORDINANCES

      I.   Bonds

      II.   Franchises

      III.   Vacated Property

   SECTION 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine of not more than $500.00 or imprisonment for not more than 90 days, or both. Each act of violation and each 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 Code section, whether or not such penalty is re-enacted in the amendatory ordinance. In addition to the penalty prescribed above, the Village may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

   SECTION 5. The Code of Ordinances shall be presumptive evidence in all courts and places of the ordinances, and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

   SECTION 6. The Uniform Traffic Code for Cities, Townships, and Villages, promulgated by the Director of State Police and published in the 1979 edition of the Michigan Administrative Code and amendments as published in the Quarterly Supplement No. 5 to the 1979 edition of the Michigan Administrative Code; in accordance with Act No. 62 of the Public Acts of Michigan of 1956 (M.C.L.A. 257.951 et seq.; M.S.A. 92651 et seq.), as previously adopted and as amended September 14, 1981, is continued as an ordinance of the Village. The purpose of the Uniform Traffic Code for Cities, Townships and Villages is to regulate the operation and use of motor vehicles within the Village of Fowler.

   SECTION 8. Additions or amendments to the Code when passed in such form as to indicate the intention of the Village Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the addition and amendments.

   This Ordinance No. 39 of Ordinances, Village of Fowler, was filed with the Village Clerk on October 8, 2001 in the form in which it was finally enacted, at a regular meeting of the Village Council of the Village of Fowler held October 8, 2001, and shall become effective immediately on October 14, upon publication in the Clinton County News, a newspaper circulated in the Village. A copy of the entire Code can be reviewed and obtained at the Village Hall at 225 North Main Street, Fowler, Michigan.

   IN WITNESS WHEREOF the undersigned President and Clerk of the Village of Fowler hereby authenticate this Ordinance No. 39 this 8th day of October, 2001, by their signatures.

                                 VILLAGE OF FOWLER

                              By:   Dale L. Thelen /s/

                                 DALE L. THELEN, President

SEAL OF THE

VILLAGE OF FOWLER

                              By:   Rhonda S. Feldpausch /s/

                                 RHONDA S. FELDPAUSCH, Clerk