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(a) The Codified Ordinances of Howell may be amended or supplemented at any time and, when any amendment or supplement is adopted in such form as to indicate the intention of Council to make the same a part thereof, such amendment or supplement shall be incorporated in, and deemed a part of, the Codified Ordinances, 90 that a reference to the Codified Ordinances shall be understood and construed as including the Codified Ordinances of Howell and any and all such amendments and supplements.
(b) All amendments and supplements enacted as a part Of the Codified Ordinances shall be integrated therewith by following the form of arrangement and plan set forth in the original Codified Ordinances as follows: each Code shall be subdivided into titles and/or chapters, and each chapter shall be subdivided into sections, which shall be numbered in accordance with the decimal numbering system. The numbering of all sections, except penalty sections, shall be consecutive within each chapter commencing with the first section of Chapter 202, which shall be numbered 202.01, the first "2" signifying Code 2, and the two figures "02" before the decimal signifying the chapter within the Code, and the two figures "01" after the decimal signifying the first section in Chapter 202 of the Code. Penalty sections shall be designated "99" and shall be the last section of a chapter.
In the construction of these Codified Ordinances, or any provision thereof, the following rules and definitions shall control, except those which are inconsistent with the manifest intent of Council as disclosed in a particular provision, section or chapter:
(1) Adopting Ordinance. "Adopting Ordinance" means the ordinance of the Municipality adopting the Codified Ordinances of Howell in conformity with Section 6.7 of the City Charter and M.S.A. Section 5.2084(2).
(2) Authority. Whenever in the Codified Ordinances authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate, unless contrary to law or to the clear intent of any such particular provision.
(3) Calendar-Computation of Time. The terms "month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, unless the last day is a Sunday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday shall be excluded.
(4) City Council. "City Council" or "Council" means the legislative authority of the Municipality.
(5) Conjunctions. "And" includes "or" and "or" includes "and, " if the sense so requires.
(6) County. "County" means the County of Livingston, Michigan.
(7) Gender. Words importing the masculine shall extend and be applied to the feminine and neuter genders.
(8) General Rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language, provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.
(9) Joint Authority. Words giving authority to a board, commission, authority or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.
(10) Keeper and Proprietor. "Keeper" and "proprietor" mean persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.
(11) Land and Real Estate. "Land" and "real estate" include rights and easements of an incorporeal nature.
(12) Law. "Law" means all applicable laws of the United States of America, the State of Michigan and the City of Howell.
(13) Manager. "Manager" means the City Manager of the Municipality.
(14) Municipality or City. "Municipality" or "City" means the City of Howell, Michigan.
(15) Number. Words in the plural include the singular and words in the singular include the plural number.
(16) Oath. "Oath" includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples about taking an oath. An affirmation shall have the same force and effect as an oath.
(17) Ordinance. "Ordinance" means and includes any ordinance of the Municipality, including any provision of these Codified Ordinances.
(18) Owner. "Owner," when applied to property, includes a part owner, joint owner or tenant in common of the whole or any part of such property.
(19) Person. "Person" includes any individual, copartnership, corporation, association, club, joint venture, estate, trust and any other group or combination acting as a unit, and the individuals constituting such group or unit.
(20) Premises. "Premises," when used as applicable to property, extends to and includes land and buildings.
(21) Property. "Property" includes real and personal property and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property; "real property" includes lands, tenements and hereditaments.
(22) Public Place. "Public place" means any place to or upon which the public resorts or travels, whether such place is owned or controlled by the City or any agency of the State or is a place to or upon which the public resorts or travels by custom or by invitation, express or implied.
(23) Publish. "Publish" means to print in a newspaper of general circulation in the Municipality the entire document or a brief summary thereof with a listing of places where copies have been filed and times when they are available for inspection.
(24) Reasonable Time. In all cases where provision is made for an act to be done or notice to be given within a reasonable time, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or the giving of such notice.
(25) Residence. "Residence" means an abode in which a person permanently resides.
(26) Shall and May. "Shall" is mandatory; "may" is permissive.
(27) Sidewalk. "Sidewalk" means that portion of a street between the curb lines or lateral lines and the right-of-way lines, which is intended for the use of pedestrians.
(28) State. "State" means the State of Michigan.
(29) Street, Highway and Alley. "Street," "highway" and "alley" mean the entire width subject to an easement for public right of way, or owned in fee by the City, County or State, of every way or place, of whatever nature, whenever any part thereof is open to the use of the public as a matter of right for purposes of public travel. The word "alley" means any such way or place providing a secondary means of ingress and egress from a property.
(30) Tenant and Occupant. "Tenant" and "occupant," as applied to buildings or land, shall extend and be applied to any person holding a written or oral lease of, or who occupies the whole or any part of, a building or land, alone or with others.
(31) Tenses. The use of any verb in the present tense includes the future.
(32) Time. Whenever any time established in the Codified Ordinances for the taking of any action expires on a Sunday or a legal holiday, such time shall not expire on such day but shall expire on the next week day.
(33) Responsibility,. Whenever any act is prohibited by a provision of these Codified Ordinances or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do such act.
Each section and each part of each section of the Codified Ordinances is hereby declared to be an independent section or part of a section and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any such section or part of a section, or any provision thereof, or the application thereof to any person or circumstance, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstance, other than those as to which it is held invalid, shall not be affected thereby, and it is hereby declared to be the legislative intent that the Codified Ordinances would have been adopted independently of such section or part of a section so held to be invalid.
The repeal provided for in Section 202.05 shall not affect:
(a) Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the adoption of these Codified Ordinances;
(b) Any ordinance or resolution promising or guaranteeing the payment of money by or to the Municipality, or authorizing the issuance of any bonds of the Municipality, or any evidence of the Municipality's indebtedness, or any contract or obligation assumed by the Municipality;
(c) The administrative ordinances and resolutions of Council not in conflict or inconsistent with any provision of these Codified Ordinances;
(d) Any right, license or franchise conferred by any ordinance or resolution of Council on any person;
(e) Any ordinance or resolution establishing, naming, relocating or vacating any street or other public way;
(f) Any ordinance or resolution or part thereof providing for the establishment of positions, for salaries or compensation;
(g) Any prosecution, suit or other proceeding pending, or any judgment rendered, on or prior to the adoption of these Codified Ordinances;
(h) Any ordinance or resolution levying or imposing taxes or assessments;
(i) Any ordinance or resolution establishing or changing the boundaries of the Municipality; or
(j) Any ordinance or resolution adopted by Council after the adoption of these Codified Ordinances.
(a) Except in those cases where a violation of these Codified Ordinances is specifically designated as a Municipal civil infraction, and except in those cases where a different penalty is prescribed for a specific violation of a provision of these Codified Ordinances, whoever violates any provision of these Codified Ordinances is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00), plus the costs of prosecution, or by imprisonment in the County jail for a period not to exceed ninety days, or both, for each offense.
(b) The sanctions for a violation of these Codified Ordinances designated as a Municipal civil infraction shall include all remedies authorized by Act 12 of the Public Acts of 1994, as amended, including, but not limited to, fines of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), plus all costs incurred by the City in enforcing the Municipal civil infraction, including actual attorneys’ fees and all other damages and equitable remedies as ordered by the Court and authorized by Act 12 of the Public Acts of 1994, as amended. Civil fines may be increased for repeat violations of these Codified Ordinances, and each day during or on which a violation or noncompliance occurs or continues shall be deemed a separate offense. Specific fines for Municipal civil infractions shall be as provided in subsection (c) hereof.
(c) The following schedule of fines for Municipal civil infractions, payable at the Municipal Ordinance Violations Bureau as provided for in Chapter 208, for admissions of responsibility by persons served with Municipal civil infraction citations and/or violation notices, is hereby established as follows:
(1) Chapter 622 First offense $ 50.00
"Health, Safety Any repeat offense 250.00
And Sanitation"
(2) Chapter 652 First offense $ 50.00
"Nuisances" Any repeat offense 250.00
(3) Chapter 872 First offense $ 50.00
"Street Vendor" Any repeat offense 250.00
(4) Chapter 1020 First offense $ 50.00
"Streets and Any repeat offense 250.00
Excavations"
(5) Chapter 1022 First offense $ 50.00
"Sidewalks" Any repeat offense 250.00
(6) Chapter 1024 First offense $ 50.00
"Trees" Any repeat offense 250.00
(7) Chapter 1040 First offense $ 50.00
"Water" Any repeat offense 250.00
(8) Chapter 1042 First offense $ 50.00
"Sewers" Any repeat offense 250.00
(9) Chapter 1043 First offense $ 1,000.00
"Industrial Waste Any repeat offense 1,000.00
Water Pretreatment
Regulations"
(10) Chapter 1044 First offense $ 50.00
"Water and Any repeat offense 250.00
Sewerage Rates
and Management"
(11) Chapter 1060 First offense $ 50.00
"Garbage and Any repeat offense 250.00
Rubbish Collection
And Disposal"
(12) Chapter 1062 First offense $ 50.00
"Parks and Any repeat offense 250.00
Recreational
Facilities"
(13) Chapter 1066 First offense $ 50.00
"Fire and Burglar Any repeat offense 250.00
Alarm Systems"
(14) Chapter 1216 First offense $ 50.00
"Land Divisions" Any repeat offense 250.00
(15) Chapter 1240.01 First offense $ 50.00
"Appendix A Any repeat offense 250.00
Howell Zoning Code"
(16) Chapter 1410 First offense $50.00
"State Construction Any repeat offense 250.00
Code"
(17) Chapter 1450 First offense $ 50.00
"Fees for Permits, Any repeat offense 250.00
Certificates and
Inspections"
(18) Chapter 1460 First offense $50.00
"Residential Rental Any repeat offense 250.00
Properties"
"Property Maintenance" Any repeat offense 250.00
"Fireworks Code" Any repeat offense 500.00
(21) Chapter 1620 First offense $ 50.00
"Fire Lanes" Any repeat offense 250.00
(22) Chapter 1630 First offense $ 50.00
"Life Safety Code" Any repeat offense 250.00
(d) A repeat offense is one in which the same or a similar violation has been committed within one year of the first offense.
(e) Each day on which any violation of this Code or any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
(f) In addition to any remedies available at law, the City may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of these Codified Ordinances or any City ordinance.
(Ord. 663. Passed 10-27-97; Ord. 722. Passed 11-19-01; Ord. 753. Passed 1-12-04; Ord. 795. Passed 3-26-07; Ord. 879. Passed 8-26-13; Ord. 918. Passed 10-8-18.)