ADOPTION OF CODE

AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF FREMONT ENTITLED "THE CODE OF THE CITY OF FREMONT, MICHIGAN,"; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE PROVISIONS THEREOF.

THE CITY OF FREMONT ORDAINS: -

   Section 1. The City Council hereby adopts a municipal code for the City of Fremont entitled "The Code of the City of Fremont, Michigan,", pursuant to the authority granted by Act No. 46 of the Michigan Public Acts of 1960, containing ordinances of a general and permanent nature, as complied, consolidated, codified and indexed in Chapters 1 to 22, both inclusive, of which code, at least three complete copies have been and are now filed in the office of the City Clerk, and shall there remain for public use and inspection.

   Section 2. The provisions of such code shall be in force on and after November 1, 1974, and all ordinances of a general and permanent nature adopted on final reading and passage on or before June 5, 1973, and not contained in such code are hereby repealed from and after November 1, 1974, except as hereinafter provided.

   Section 3. The repeal provided for in the preceding section of this Ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before November 1, 1974; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to November 1, 1974; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the City or authorizing the issue of any bonds of the City or any evidence of the City's indebtedness or any contract or obligation assumed by the City; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the City on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the City officers or employees; nor shall it affect any ordinance annexing territory to the City; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the City; nor shall it affect any ordinance relating to the zoning map; nor shall it affect any ordinance adopted on final reading and passage after June 5, 1973; nor shall it affect any of the following ordinances or amendments thereto: Those ordinances relating to the regulation and licensing of taxicabs dated February 9, 1948; November 8, 1954; February 13, 1956; and September 15, 1952.

   Section 4. Whenever in the Code adopted by this ordinance or in any other ordinance or resolution of the City or in any rule, regulation or order promulgated by any officer or agency of the City under authority duly vested in him or it any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Code or any other ordinance or resolution of the City or such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding ninety days or by both such fine and imprisonment.

   Except where otherwise provided, every day any violation of such Code or any other ordinance or resolution of the City or such rule, regulation or order shall continue shall constitute a separate offense.

   Section 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or the Code hereby adopted.

   Councilmember Silverwood moved the adoption of the foregoing ordinance which was supported by Councilmember DeJong, and thereupon unanimously adopted by the City Council of the City of Fremont at a regular. meeting thereof held September 24, 1974.

                        /s/ Fred W. Billerbeck

                           Mayor

                        /s/ Fred Dawe, Jr.

                           Clerk