(a) The Council is empowered to adopt, continue, amend or repeal village ordinances.
(b) All legislation of the Village of Lake Orion shall be by ordinance or by resolution. The word “Resolution” as used in this Charter shall be the official action of the Council in the form of a motion, and such action shall be limited to matters required or permitted to be done by resolution by this Charter or by state or Federal law and to makers pertaining to the internal affairs or concerns of the village government. All other acts of the Council, and all acts carrying a penalty for the violation thereof, shall be by ordinance. Each ordinance shall be identified by a number and a short title. Each proposed ordinance shall be introduced in written or printed form, and, except for emergency ordinances, a synopsis published not less than fifteen (15) days prior to its enactment in some legal newspaper of general circulation in the village. All ordinances, when enacted shall be immediately recorded by the Clerk in a book called “The Ordinance Book”; and it shall be the duty of the President and Clerk to authenticate such record by their official signatures thereon. The style of all ordinances passed by the Council shall be, “The Village of Lake Orion Ordains.”
(c) The Council is empowered to pass an emergency ordinance so as to be given immediate effect. Such ordinance shall contain a declaration of such emergency and the reasons therefor and can be passed only upon the affirmative vote of five (5) councilmen. Any such ordinance shall be limited to be effective for a period of not more than sixty (60) days from the adoption thereof and any such ordinance shall not be effective beyond such sixty (60) day period unless such emergency ordinance has been enacted as a regular ordinance in accordance with the provisions of this Charter.
(Adopted 3-13-67)
The Council shall provide in each ordinance for the punishment of those who violate its provisions. No punishment for the violation of any village ordinance or for the commission by any officer of the village of any act declared by this Charter to constitute misconduct in office shall exceed a fine of five hundred ($500) dollars, payment of court costs, or imprisonment for ninety (90) days, or all of these in the discretion of the court, except that any officer of the village found guilty of any act declared by this Charter to constitute misconduct in office shall, in addition to such fine, payment of court costs, or imprisonment, or all of these, forfeit his office.
(Adopted 3-13-67; Amended 3-12-84)
A synopsis of each ordinance passed by the Council shall be published at least once in some legal newspaper of general circulation in the village within fifteen (15) days after its adoption by the Council. All ordinances of the village shall become effective immediately upon the publication of said synopsis after having been passed, unless a date upon which an ordinance shall become effective, which is subsequent to the date of the publication of said synopsis is specifically provided in the ordinance itself.
(Adopted 3-13-67; Amended 3-12-84)
The Council may adopt any provision of state law or any plumbing code, electrical code, or building code which has been promulgated by the State of Michigan or by any department, board, or other agency thereof, or by any organization or association which is organized and conducted for the purpose of developing any such code or codes by reference thereto in an adopting ordinance and without publishing any such code in full; provided that said code is clearly identified in said ordinance and that the purpose of said code shall be published with the adopting ordinance and that printed copies thereof are kept in the office of the Clerk, available for inspection, or distribution at cost, to the public at all times; provided further that the publication shall contain a notice to the effect that a complete copy of said code is available for public use and inspection at the office of the Clerk. Any amendment to or revision of such adopted code or detailed technical ordinance may be published in the same manner.
(Adopted 3-13-67)
(a) Copies of all ordinances enacted and amendments to the village Charter adopted after the effective date of this Charter shall be available at the office of the Clerk.
(b) Within two (2) years after the adoption of this Charter and at least once in every five (5) years the Council shall direct and complete the compilation or codification and the publication of the Charter and of all ordinances of the village then in force, in loose leaf or pamphlet form, and may provide for a reasonable charge for copies thereof. No further publication of any such compilation or codification shall be required for the validity thereof. In case the compilation or codification of the ordinances of the village shall have been maintained current and up-to-date during any five (5) year period, no recompilation or recodification of the ordinances of the village shall be required during or at the end of such period.
The copies of ordinances and of any compilation, code, or codes referred to in this Charter may be certified by the Clerk, and, when so certified, shall be competent evidence in all courts and legally established tribunals as to the matters contained therein.
(Adopted 3-13-67)
An initiatory or a referendary petition shall be signed by not less than fifteen (15) per cent of the registered electors of the village who have signed said petition within six (6) months before the date of filing the petition with the Clerk. Before being circulated for signatures, all such petitions shall be approved as to form by the Clerk. No such petition need be on one paper, but may be the aggregate of two (2) or more petition papers. Each signer of a petition shall sign his name in ink or indelible pencil, and shall place thereon, after his name, the date and his place of residence by street and number, or by other customary designation. To each petition paper there shall be attached a sworn affidavit by the circulator thereof, stating the number of signers thereto and that each signature is that of the person whose name it purports to be, and that it was made in the presence of the affiant. Such petition shall be filed with the Clerk who shall, within ten (10) days, canvass the signatures thereon to determine the sufficiency thereof. If found to contain an insufficient number of signatures of registered electors of the village, or to be improper as to form or compliance with the provisions of this section, the Clerk shall notify forthwith the person filing such petition and ten (10) days from such notification shall be allowed for the filing of supplemental petition papers. When found sufficient and proper, the Clerk shall present the petition to the Council at its next regular meeting.
(Adopted 3-13-67)
Upon receiving an initiatory or referendary petition from the Clerk, the Council shall, within thirty (30) days after publication in accordance with Section 7.1, either:
(a) If it be an initiatory petition, adopt the ordinance as submitted in the petition or determine to submit the proposal to the electors of the village.
(b) If it be a referendary petition, repeal the ordinance to which the petition refers or determine to submit the proposal to the electors of the village.
(Adopted 3-13-67)
Should the Council decide to submit the proposal to the electors, it shall be submitted at the next election held in the village for any other purpose, or, in the discretion of the Council, at a special election. The result shall be determined by a majority vote of the electors voting thereon, except in cases where otherwise required by the constitution or laws of the State of Michigan.
(Adopted 3-13-67)
The certification by the Clerk of the sufficiency of a referendary petition within thirty (30) days after the passage of the ordinance to which such petition refers shall not suspend the operation of the ordinance in question pending repeal by the Council or final determination by the electors as the case may be. An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed by the Council for a period of two (2) years after the date of the election at which it was adopted. Should two (2) or more ordinances, adopted at the same election, have conflicting provisions, the one receiving the highest vote shall prevail as to those provisions.
(Adopted 3-13-67)