202.01 Designation; citation; headings.
202.02 Amendments; numbering; alterations.
202.03 Definitions and interpretation.
202.04 Notices.
202.05 Severability.
202.06 Sections and ordinances repealed; revivor.
202.07 Exemptions from repeal.
202.08 Application of codified ordinances.
202.09 Updating and revision of codified ordinances.
202.10 Inclusion of deputy or subordinate in title of officer.
202.99 General Code penalty; municipal civil infractions; equitable remedies; complicity.
CROSS REFERENCES
Adoption of technical codes by reference - see CHTR. § 2.15
Codification and printing of ordinances and resolutions - see CHTR. § 2.16
Publication of codes of municipal ordinances - see M.C.L.A. § 117.5b
Ordinances and resolutions - see ADM. Ch. 224
(a) This volume consists of all ordinances of a general and permanent nature of the Municipality, revised, codified, arranged, numbered and consolidated into component codes, titles, chapters and sections, and as such shall be known and designated as the Codified Ordinances of Ionia, Michigan, 2001, for which designation "Codified Ordinances" may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in the Codified Ordinances.
(b) All references to codes, titles, chapters and sections are to such components of the Codified Ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the "Traffic Code." Sections may be referred to and cited by the designation "section" followed by the number, such as "Section 202.01."
(a) The Codified Ordinances of Ionia may be amended at any time and, when any amendment 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, so that a reference to the Codified Ordinances shall be understood and construed as including the Codified Ordinances of Ionia and any and all such amendments.
(b) All amendments 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.
(c) No person shall change or amend, by additions or deletions, any part of these Codified Ordinances, or insert or delete pages, or portions thereof, or alter or tamper with these Codified Ordinances in any manner whatsoever which will cause the law of the City to be misrepresented thereby.
(d) These Codified Ordinances shall be amended by ordinance. The title of each amendatory ordinance, adapted to the particular circumstances and purposes of the amendment, shall be substantially as follows:
(1) To amend any section:
AN ORDINANCE TO AMEND SECTION _________ (or SECTIONS _____________ and __________) OF THE CODIFIED ORDINANCES OF THE CITY OF IONIA.
(2) To insert a new section, chapter or title:
AN ORDINANCE TO AMEND THE CODIFIED ORDINANCES OF THE CITY OF IONIA BY ADDING A NEW SECTION (__________ NEW SECTIONS, A NEW CHAPTER, or a NEW TITLE, as the case may be) WHICH NEW SECTION (SECTIONS, CHAPTER or TITLE) SHALL BE DESIGNATED AS SECTION ___________ (SECTIONS _________ AND _________) OF CHAPTER _________ OF TITLE __________ (or proper designation if a chapter or title is added) OF SAID CODIFIED ORDINANCES.
(3) To repeal a section, chapter or title:
AN ORDINANCE TO REPEAL SECTION _______ (SECTIONS _________ AND ________) CHAPTER ________, TITLE ________, (as the case may be) OF THE CODIFIED ORDINANCES OF THE CITY OF IONIA.
(e) Amendments to these Codified Ordinances shall be published as required by the Charter of the City of Ionia, and not less than a number of copies of each amendment equal to the number of copies of these Codified Ordinances in distribution shall be published in loose-leaf form suitable for insertion in the loose-leaf copies of these Codified Ordinances. The City Clerk shall distribute such copies to the officers of the City having copies of these Codified Ordinances assigned to them. Each officer assigned a copy of these Codified Ordinances shall be responsible for maintaining the same and for the proper insertion of amendatory pages as received. Each copy of these Codified Ordinances shall remain the property of the City and shall be turned over by each officer having custody thereof upon expiration of his or her term of office to the City Clerk.
Terms used in these Codified Ordinances, unless specifically defined herein, shall have the meanings prescribed by State law. 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 Ionia, pursuant to law.
(2) Authority. Whenever in these 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 or a legal holiday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday or a legal holiday shall be excluded.
(4) Conjunctions. "And" includes "or" and "or" includes "and," if the sense so requires.
(5) Corporate Limits. Wherever in these Codified Ordinances an act is prohibited, declared unlawful or required to be performed, directly or by implication, such references shall imply "within the corporate limits of the City."
(6) Council. "Council" means the legislative authority of the City.
(7) County. "County" means Ionia County, Michigan.
(8) Gender. Words importing the masculine shall extend and be applied to the feminine and neuter genders.
(9) 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.
(10) Joint Authority. Words giving authority to a board, commission, authority or three or more officers or employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.
(11) 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.
(12) Land and Real Estate. "Land" and "real estate" include rights and easements of an incorporeal nature.
(13) Law. "Law" means all applicable laws of the United States of America, the State of Michigan and the City of Ionia.
(14) Michigan Compiled Laws (M.C.L.). Where a section of these Codified Ordinances is followed by a reference to a section of the Michigan Compiled Laws (M.C.L.), such reference indicates that the section is analogous or similar to such M.C.L. section.
(15) Minor. "Minor" means any person who is under the age of eighteen years.
(16) Municipality or City. "Municipality" or "City" means the City of Ionia, Michigan. Further, the words "the City" or "this City" shall be construed as if the words "of Ionia" followed them and shall extend to and include its several officers, agents and employees.
(18) Number. Words in the plural include the singular and words in the singular include the plural number.
(19) Oath. "Oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
(20) Ordinance. "Ordinance" means and includes any ordinance of the Municipality, including any provision of these Codified Ordinances.
(21) 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.
(22) 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.
(23) Premises. "Premises," when used as applicable to property, extends to and includes land and buildings.
(24) 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.
(25) Public Acts. "Public Acts" means Acts of the State legislature of the State of Michigan.
(26) 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.
(27) 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 public inspection and purchase at a reasonable price.
(28) 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.
(29) Reference to Offices or Officers. Reference in any of the provisions of these Codified Ordinances to any office or officer of the City, State or County shall include any person authorized by law to perform the duties of such office or officer.
(30) Residence. "Residence" means an abode in which a person permanently resides.
(31) 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.
(32) Shall and May. "Shall" is mandatory; "may" is permissive.
(33) 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.
(34) State. "State" means the State of Michigan.
(35) 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.
(36) 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.
(37) Tenses. The use of any verb in the present tense includes the future.
(38) 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.
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