Section 1. Whenever used in this Charter, the word "State" shall mean the "State of Michigan"; the word "Village" shall mean the "Village of Franklin"; the word "Clerk" shall mean the "Village Clerk" unless from the context the contrary shall plainly appear; words referring to the several officers where not preceded by the word "Village" shall be deemed to mean such officers of the Village unless the context implies otherwise; the word "resolution" shall be deemed to include official action in form of a motion as well as in form of a resolution; the terms "Commission" and "Village Commission" shall be construed as meaning "Council" or "Common Council" for the purpose of such general laws of the State as use one (1) or the other of such latter terms in referring to the legislative body of the Village; words imparting the singular number only may extend to and embrace the plural number and words imparting the plural number may be applied and limited to the singular number; words imparting the masculine gender only may extend and be applied to those of the feminine gender.
Section 2. Eastern Standard Time shall be the official time of the Village until otherwise changed by the Council. Any references herein to time shall be construed to be according to the official time of the Village.
Section 3. Words purporting to give joint authority to two (2) or more public officers or other persons either as a board or otherwise shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared.
Section 4. The word "person" may extend and be applied to bodies corporate as well as individuals. The words "written" and "in writing" may be construed to include printing, engraving, typewritten and lithographing, except that this rule shall not apply to provisions requiring written signatures, unless it be otherwise expressly herein provided. Records of the Village shall include, but not be limited to, all recorded materials.
(Amended 3-12-79)
Section 5. Should any portion of this Charter be declared void, illegal or unconstitutional, such finding shall not invalidate the remainder of the Charter.
Section 6. Public records of the Village shall be available and open to inspection in accordance with the Freedom of Information Act, MCL 15.261 et seq, as amended. (Amended 11-8-16)
Section 7. All books, papers, records, recorded materials, and accounts of any officer elected or appointed, or any office or department of the Village related to Village business, shall be the property of the Village and shall at all times be subject to audit, examination or inspection by any member of the Council, or by any person employed or designated by the Council for that purpose. And all such books, papers, records, recorded materials, files, and accounts shall be kept in such place as may be designated by the Council.
(Amended 3-12-79)
Section 8. When, by the provisions of this Charter, or by laws of the State, notice of any matter or proceedings is required to be published in a newspaper or posted, an affidavit of the publication or posting of the same, made by the printer of the newspaper in which the same was inserted, or by some person in his or her employ knowing the facts, if such notice was required to be by publication in a newspaper, or by the person posting the same when required to be posted, such shall be prima facie evidence of the fact therein contained. Such affidavit of publication or posting shall be filed with the Village Clerk.
Section 9. The Village shall not be liable for unliquidated damages for personal or other injuries, unless the person suffering the injury or sustaining the damage, or someone in his or her behalf, shall serve a notice in writing upon the Village within sixty (60) days after such injury shall have occurred. Such notice shall specify the location and the nature of the defect or other basis of the claim, the injury sustained and the name of the witnesses to the accident which be known at that time by said claimant. The failure to so notify the Village within the time and in the manner specified herein shall exonerate, excuse and exempt the Village from any and all liability on account of such injury. Service of all notices of claims for liquidated damages against the Village shall be made on the President or Clerk.
Section 10. Until otherwise changed by the Council, the seal of the Village of Franklin shall be circular form with the words "Village of Franklin, Michigan, 1954" around the outer edge and the words "Corporate Seal" across the center.
Section 11. All offenses in this Charter shall be punishable by a fine not exceeding one hundred dollars ($100.00) or imprisonment for a period not exceeding ninety (90) days, or both, in the discretion of the court, and the court may provide in any case that in event that the fine shall not be paid, the offender shall be imprisoned until the payment thereof, provided that no person shall be imprisoned for a single violation for a longer period than ninety (90) days.
Section 12. Amendments to this Charter shall be initiated and submitted to the electors of the Village in the manner provided by the laws of the State. For the adoption of any amendment to this Charter or for the adoption of any revision thereof, it shall require the favorable vote of two-thirds (2/3) of the electors voting thereon at the election at which the same shall be submitted.
Section 13. The sale of alcoholic liquor, beer or wine for consumption on the premises is prohibited in the Village of Franklin, unless approved by a majority of the electors at a general or special election.
(Enacted 3-12-79; 3-11-02)