(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(B) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CODE, THIS CODE or THIS CODE OF ORDINANCES. This village code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
COUNTY. Oakland County, Michigan.
MAY. The act referred to is permissive.
MONTH. A calendar month.
MUNICIPAL CIVIL INFRACTION. A violation of a provision of this code for which the remedy and/or penalty is prescribed to be a civil fine, or other sanction other than a criminal penalty. A MUNICIPAL CIVIL INFRACTION is not a lesser included offense of a criminal offense or of an ordinance violation that is not a civil infraction.
MUNICIPAL CIVIL INFRACTION DETERMINATION. A determination that a defendant is responsible for a MUNICIPAL CIVIL INFRACTION by one of the following:
(a) An admission of responsibility for the municipal civil infraction.
(b) An admission of responsibility for the municipal civil infraction, "with explanation".
(c) A preponderance of the evidence at an informal hearing or formal hearing.
(d) A default judgment for failing to appear at a scheduled appearance.
OATH. 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.
OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee, commission, or department of this village unless the context clearly requires otherwise.
PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
PRECEDING or FOLLOWING. Next before or next after, respectively.
REPEAT OFFENSE. A determination of responsibility for a second, or any subsequent, MUNICIPAL CIVIL INFRACTION with regard to the same code provision, committed by the same person within any three year period, unless some other period is specifically provided with regard to a specific code provision.
RESPONSIBLE or RESPONSIBILITY. A determination entered by a Court or magistrate that a person is in violation of a provision of this code prescribed to be a MUNICIPAL CIVIL INFRACTION.
SHALL. The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The state of Michigan.
SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.
VILLAGE, MUNICIPALITY or MUNICIPAL CORPORATION. The Village of Lake Orion, Michigan.
VILLAGE COUNCIL or COUNCIL. The legislative body of the village.
VIOLATION. Any act which is prohibited or made or declared to be unlawful or an offense under this code, including affirmative acts as well as omissions and/or failures to act where the act is required by this code.
WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise.
YEAR. A calendar year, unless otherwise expressed; equivalent to the words YEAR OF OUR LORD.
(Am. Ord. A-3, passed 1-13-97)