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PART II
CODE OF ORDINANCES
Chapter 1
GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
Sec. 1-2. Definitions and rules of construction.
Sec. 1-3. Catchlines of sections; history notes; references.
Sec. 1-4. Effect of repeal of ordinances.
Sec. 1-5. Amendments to Code; effect of new ordinances; amendatory
language.
Sec. 1-6. Supplementation of Code.
Sec. 1-7. General penalty; continuing violations.
Sec. 1-8. Severability.
Sec. 1-9. Provisions deemed continuation of existing ordinances.
Sec. 1-10. Code does not affect prior offenses or rights.
Sec. 1-11. Certain ordinances not affected by Code.
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GENERAL PROVISIONS § 1-2
Sec. 1-1. How Code designated and cited. included. If the last day of any period or a fixed or
final day is a Saturday, Sunday, or legal holiday,
The ordinances embraced in this and the fol-
the period or day is extended to included the next
lowing chapters shall constitute and be desig-
day that is not a Saturday, Sunday, or legal
nated the "Code of Ordinances, City of Muskegon,
holiday.
Michigan" and may be so cited. Such ordinances
may also be cited as the "Muskegon City Code." Conjunctions. In a provision involving two or
(Code 1975, § 1-1; Code 2002, § 1-1) more items, conditions, provisions or events, which
State law reference-Authority to codify ordinances, items, conditions, provisions or events are con-
MCL 117.5b. nected by the conjunction "and," "or" or "either
... or," the conjunction shall be interpreted as
Sec. 1-2. Definitions and rules of construc- follows:
tion.
(1) The term "and" indicates that all the
The following definitions and rules of construc- connected terms, conditions, provisions or
tion shall apply to this Code and to all ordinances events apply.
and resolutions unless the context requires oth-
erwise: (2) The term "or" indicates that the con-
nected terms, conditions, provisions or
Generally. When provisions conflict, the spe- events apply singly or in any combination.
cific shall prevail over the general. All provisions
shall be liberally construed so that the intent of (3) The term "either . . . or" indicates that
the council may be effectuated. Words and phrases the connected terms, conditions, provi-
shall be construed according to the common and sions or events apply singly but not in
approved usage of the language, but technical combination.
words, technical phrases and words and phrases County. The term "county" means Muskegon
that have acquired peculiar and appropriate mean- County, Michigan.
ings in law shall be construed according to such
meanings. Crime. The term "crime" means an act or
omission forbidden by law that is not designated
Agencies, officers. Any reference to any local, as a civil infraction and that is punishable upon
state or federal agency or officer shall include any conviction by any one or more of the following:
successor agency or officer.
(1) Imprisonment.
Charter. The term "Charter" means the Char-
ter of the City of Muskegon, Michigan. (2) Fine not designated a civil fine.
City. The term "city" means the City of (3) Other penal discipline.
Muskegon, Michigan.
Delegation of authority. A provision that autho-
City commission and commission. The terms rizes or requires a city officer or city employee to
"city commission" and "commission" mean the perform an act or make a decision authorizes such
city commission of the City of Muskegon. officer or employee to act or make a decision
through subordinates.
Civil infraction. The term "civil infraction"
means an act or omission prohibited by law which Gender. Words of one gender include the other
is not a crime and for which civil sanctions may be genders.
ordered.
Health department and department of public
Code. The term "Code" means the Code of health. The terms "health department" and "de-
Ordinances, City of Muskegon, Michigan, as des- partment of public health" mean the county health
ignated in section 1-1. department.
Computation of time. In computing a period of Health officer. The term "health officer" means
days, the first day is excluded and the last day is the director of the county health department.
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§ 1-2 MUSKEGON CITY CODE
Highway. The term "highway" includes any Person. The term "person" means any individ-
street, alley, highway, avenue, or public place or ual, partnership, corporation, association, club,
square, bridge, viaduct, tunnel, underpass, over- joint venture, estate, trust, limited liability com-
pass or causeway, dedicated or devoted to public pany, governmental unit, and any other group or
use. combination acting as a unit, and the individuals
constituting such group or unit.
Includes and including. The terms "includes"
and "including" are terms of enlargement and not Personal property. The term "personal prop-
of limitation or exclusive enumeration, and the erty" means any property other than real prop-
use of the terms does not create a presumption erty.
that components not expressed are excluded.
Preceding and following. The terms "preced-
Joint authority. A grant of authority to three or ing" and "following" mean next before and next
more persons as a public body confers the author- after, respectively.
ity on a majority of the number of members as Premises. The term "premises," as applied to
fixed by statute or ordinance. real property, includes lands and structures.
May. The term "may" is to be construed as Property. The term "property" means real and
being permissive and not mandatory. personal property.
May not. The term "may not" states a prohibi- Public Acts. References to Public Acts are ref-
tion. erences to the Public Acts of Michigan. (For ex-
MCL. The abbreviation "MCL" means the Mich- ample, a reference to Public Act No. 279 of 1909 is
igan Compiled Laws, as amended or revised, and a reference to Act No. 279 of the Public Acts of
any successor statute. Michigan of 1909). Any reference to a Public Act,
whether by Act number or by short title, is a
Month. The term "month" means a calendar reference to the act as amended.
month.
Real property, real estate, land. The term "real
Must. The word "must" is to be construed as property" includes lands, tenements and heredit-
being mandatory. aments.
Number. The singular includes the plural and Roadway. The term "roadway" means that por-
the plural includes the singular. tion of a street improved, designed or ordinarily
used for vehicular traffic.
Oath, affirmation, sworn, affirmed. The term
"oath" includes an affirmation in all cases where Shall. The term "shall" is to be construed as
an affirmation may be substituted for an oath. In being mandatory.
similar cases, the term "sworn" includes the term
"affirmed."
Sidewalk. The term "sidewalk" means any por-
tion of the street between the curb, or the lateral
Officers, departments, etc. References to offi- line of the roadway, and the adjacent property
cers, departments, board, commissions or employ- line, intended for the use of pedestrians.
ees are to city officers, city departments, city
Signature and subscription. The terms "signa-
boards, city commissions and city employees.
ture" and "subscription" include a mark when the
Owner. The term "owner," as applied to prop- person cannot write.
erty, includes any part owner, joint owner, tenant
State. The term "state" means the State of
in common, tenant in partnership, joint tenant or
Michigan.
tenant by the entirety of the whole or part of such
property. With respect to special assessments, Street. The term "street" means any street,
however, the owner shall be considered to be the alley, highway, avenue, or public place or square,
person appearing on the assessment roll for the bridge, viaduct, tunnel, underpass, overpass or
purpose of giving notice and billing. causeway, dedicated or devoted to public use.
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GENERAL PROVISIONS § 1-6
Swear. The term "swear" includes the term (b) The repeal or amendment of an ordinance
"affirm". does not affect any punishment or penalty in-
curred before the repeal took effect, nor does such
Tenses. The present tense includes the past and repeal or amendment affect any rights, privileges,
future tenses. The future tense includes the pres- suit, prosecution or proceeding pending at the
ent tense. time of the amendment or repeal.
Week. The term "week" means seven consecu- (Code 2002, § 1-4)
State law reference-Effect of repeal of state statutes,
tive days. MCL8.4.
Written. The term "written" includes any rep-
resentation of words, letters, symbols or figures .
Sec. 1-5. Amendments to Code; effect of new
ordinances; amendatory language.
Year. The term "year" means 12 consecutive (a) All ordinances adopted subsequent to this
months. Code that amend, repeal or in any way affect this
(Code 1975, § 1-3; Code 2002, § 1-2) Code may be numbered in accordance with the
State law reference-Definitions and rules of construc-
tion applicable to state statutes, MCL 8.3 et seq. numbering system of the Code and printed for
inclusion in the Code. Portions of this Code re-
pealed by subsequent ordinances may be excluded
Sec. 1-3. Catchlines of sections; history notes;
from this Code by omission from reprinted pages
references.
affected thereby.
(a) The catchlines of the several sections of (b) Amendments to provisions of this Code
this Code printed in boldface type are intended as may be made with the following language: "Sec-
mere catchwords to indicate the contents of the tion (chapter, article, division or subdivision, as
section and are not titles of such sections, or of appropriate) of the Code of Ordinances, City of
any part of the section, nor unless expressly so Muskegon, Michigan, is hereby amended to read
provided shall they be so deemed when any such as follows: .. .. "
section, including the catchline, is amended or
reenacted. (c) If a new section, subdivision, division, arti-
cle or chapter is to be added to the Code, the
(b) The history or source notes appearing in following language may be used: "Section (chap-
parenthesis after sections in this Code have no ter, article, division or subdivision, as appropri-
legal effect and only indicate legislative history. ate) of the Code of Ordinances, City of Muskegon,
State law references that appear in this Code Michigan, is hereby created to read as fol-
after sections or subsections or that otherwise lows: . ... "
appear in footnote form are provided for the
convenience of the user of the Code and have no (d) All provisions desired to be repealed should
legal effect. be repealed specially by section, subdivision, di-
vision, article or chapter number, as appropriate,
(c) Unless specified otherwise, all references to or by setting out the repealed provisions in full in
chapters or sections are to chapters or sections of the repealing ordinance.
this Code. (Code 1975, § 1-7; Code 2002, § 1-5)
(Code 1975, § 1-2; Code 2002, § 1-3)
State law reference-Catchlines in state statutes, MCL Sec. 1-6. Supplementation of Code.
8.4b.
(a) Supplements to this Code shall be prepared
Sec. 1-4. Effect of repeal of ordinances. and printed whenever authorized or directed by
the city. A supplement to this Code shall include
(a) Unless specifically provided otherwise, the all substantive permanent and general parts of
repeal of a repealing ordinance does not revive ordinances adopted during the period covered by
the ordinance originally repealed nor impair the the supplement and all changes made thereby in
effect of any saving provision in it. the Code. The pages of the supplement shall be so
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§ 1-6 MUSKEGON CITY CODE
numbered that they will fit properly into the Code Sec. 1-7. General penalty; continuing viola-
and will, where necessary, replace pages that tions.
have become obsolete or partially obsolete. The
new pages shall be so prepared that when they (a) In this section the term "violation of this
have been inserted, the Code will be current Code" means any of the following:
through the date of the adoption of the latest (1) Doing an act that is prohibited or made or
ordinance included in the supplement. declared unlawful, an offense, or a viola-
tion by ordinance or by rule or regulation
(b) In preparing a supplement to this Code, all authorized by ordinance.
portions of the Code that have been repealed shall
be excluded from the Code by the omission thereof (2) Failure to perform an act that is required
from reprinted pages. to be performed by ordinance or by rule or
regulation authorized by ordinance.
(c) When preparing a supplement to this Code,
(3) Failure to perform an act, if the failure is
the person authorized to prepare the supplement
prohibited or is made or declared unlaw-
may make formal, nonsubstantive changes in
ful, an offense, or a violation by ordinance
ordinances included in the supplement, insofar as
or by rule or regulation authorized by
necessary to do so in order to embody them into a
ordinance.
unified code. For example, the person may:
(b) Any provision of this Code that is made or
(1) Arrange the material into appropriate or-
declared to be a misdemeanor, civil infraction or
ganizational units.
municipal civil infraction is a violation of this
(2) Supply appropriate catchlines, headings Code.
and titles for chapters, articles, divisions, (c) In this section the term "violation of this
subdivisions and sections to be included Code" does not include the failure of a city officer
in the Code and make changes in any or city employee to perform an official duty unless
such catchlines, headings and titles or in it is specifically provided that the failure to per-
any such catchlines, headings and titles form the duty is to be punished as provided in this
already in the Code. section.
(3) Assign appropriate numbers to chapters, (d) Except as specifically provided otherwise
articles, divisions, subdivisions and sec- by state law or city ordinance, all violations of this
tions to be added to the Code. Code are misdemeanors. Except as otherwise pro-
(4) Where necessary to accommodate new vided by law or ordinance, a person convicted of a
material, change existing numbers as- violation of this Code that is a misdemeanor shall
signed to chapters, articles, divisions, sub- be punished by a fine not to exceed $500.00 and
divisions or sections. costs of prosecution, or by imprisonment for a
period of not more than 90 days, or by both such
(5) Change the words "this ordinance" or sim- fine and imprisonment. However, unless other-
ilar words to "this chapter," "this article," wise provided by law, a person convicted of a
"this division," "this subdivision," "this violation of this Code which substantially corre-
section" or "sections _____ to sponds to a violation of state law that is a misde-
_ _ _ _ " (inserting section numbers to meanor for which the maximum period of impris-
indicate the sections of the Code that onment is 93 days shall be punished by a fine not
embody the substantive sections of the to exceed $500.00 and costs of prosecution or by
ordinance incorporated in the Code). imprisonment for a period of not more than 93
days, or by both such fine and imprisonment.
(6) Make other nonsubstantive changes nec-
essary to preserve the original meaning of (e) The commission of any violation of this
the ordinances inserted in the Code. Code that is declared to be a civil infraction shall
(Code 1975, § 1-8; Code 2002, § 1-6) subject the violator to a civil penalty as provided
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GENERAL PROVISIONS § 1-10
by state law for municipal civil infractions or relief. The imposition of a penalty does not pre-
trailway municipal infractions, whichever is ap- vent injunctive relief or civil or quasi-judicial
plicable, and as determined by city ordinance. enforcement.
(Code 1975, § 1-6; Code 2002, § 1-7)
(1) The sanction for a municipal civil infrac- State law reference-Penalty for ordinance violations,
tion or trailway civil infraction shall be a MCL 117.4i(k), 117.41.
civil fine in the amount determined by
ordinance, plus any costs, damages, ex-
penses and other sanctions, as authorized Sec. 1-8. Severability.
by state law.
(2) Unless otherwise specifically provided for If any provision of this Code or its application
a particular civil infraction, the civil fine to any person or circumstances is held invalid or
for a violation shall be not less than unconstitutional, the invalidity or unconstitution-
$50.00, plus costs and other sanctions, for ality does not affect other provisions or applica-
each infraction. tion of this Code that can be given effect without
the invalid or unconstitutional provision or appli-
(3) Increased civil fines may be imposed for
cation, and to this end the provisions of this Code
repeat offenses. In this subsection, the
are severable.
term "repeat offense" means a second or
(Code 1975, § 1-9; Code 2002, § 1-8)
any subsequent municipal civil infraction State law reference-Severability of state statutes, MCL
violation of the same requirement or pro- 8.5.
vision committed by the same person
within any 24-month period and for which
the person has admitted responsibility or Sec. 1-9. Provisions deemed continuation of
is determined responsible. Unless specif- existing ordinances.
ically provided for a particular civil infrac-
tion violation, the increased fine for a
The provisions of this Code insofar as they are
repeat offense shall be as follows:
substantially the same as legislation previously
a. For the first repeat offense, a fine of adopted by the city relating to the same subject
not less than $250.00, plus costs. matter shall be construed as restatements and
b. For a second repeat offense, or any continuations thereof and not as new enactments.
subsequent repeat offense, a fine of (Code 2002, § 1-9)
not less than $500.00, plus costs. State law reference-Similar provisions as to state stat-
utes, MCL 8.3u.
(4) The civil infraction fine schedule in sec-
tion 46-204 is hereby adopted by refer-
ence. Sec. 1-10. Code does not affect prior of-
fenses or rights.
(f) Except as otherwise provided by law or
ordinance, with respect to violations of this Code
that are continuous with respect to time, each day (a) Nothing in this Code or the ordinance adopt-
that the violation continues is a separate offense. ing this Code affects any offense or act committed
As to other violations, each violation constitutes a or done, any penalty or forfeiture incurred, or any
separate offense unless provided otherwise. contract or right established before the effective
date of this Code.
(g) The imposition of a penalty does not pre-
vent suspension or revocation of a license, permit
or franchise or other administrative sanctions. (b) The adoption of this Code does not autho-
rize any use or the continuation of any use of a
(h) Violations of this Code that are continuous structure or premises in violation of any city
with respect to time are a public nuisance and ordinance on the effective date of this Code.
may be abated by injunctive or other equitable (Code 1975, § 1-5; Code 2002, § 1-10)
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§ 1-11 MUSKEGON CITY CODE
Sec. 1-11. Certain ordinances not affected (17) That is special, although permanent in
by Code. effect.
(a) Nothing in this Code or the ordinance adopt- (18) The purpose of which has been accom-
ing this Code affects the validity of any ordinance plished.
or portion of any ordinance: (b) The ordinances or portions of ordinances
(1) Annexing property into the city or describ- designated in subsection (a) of this section con-
ing the corporate limits. tinue in full force and effect to the same extent as
if published at length in this Code.
(2) Deannexing property or excluding prop- (Code 1975, § 1-4; Code 2002, § 1-11)
erty from the city.
(3) Promising or guaranteeing the payment
of money or authorizing the issuance of
bonds or other instruments of indebted-
ness.
(4) Authorizing or approving any contract,
deed, or agreement.
(5) Granting any right or franchise.
(6) Making or approving any appropriation
or budget.
(7) Providing for the duties of city officers or
employees not codified in this Code.
(8) Providing for salaries or other employee
benefits.
(9) Adopting or amending a comprehensive
plan.
(10) Levying or imposing any special assess-
ment.
(11) Dedicating, establishing, naming, locat-
ing, relocating, opening, paving, widen-
ing, repairing or vacating any street, side-
walk or alley.
(12) Establishing the grade of any street or
sidewalk.
(13) Dedicating, accepting or vacating any plat
or subdivision.
(14) Not codified in this Code that levies, im-
poses or otherwise relates to taxes, exemp-
tions from taxes and fees in lieu of taxes.
(15) Pertaining to zoning, including, but not
limited to, the basic zoning ordinance and
ordinances rezoning property.
(16) That is temporary, although general in
effect.
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