Municipal Code
CHAPTER 202 Codified Ordinances
202.01 Designation; citation; headings.
202.02 Amendments and supplements; numbering.
202.03 Definitions and interpretation.
202.04 Separability.
202.05 Sections and ordinances repealed.
202.06 Exemptions from repeal.
202.99 General Code penalty; complicity.
CROSS REFERENCES
Publication of codes of municipal ordinances see
M.C.L.A. 117.5b
Ordinances and resolutions generally see CHTR. Ch. VI;
ADM. Ch. 224
202.01 DESIGNATION; CITATION; HEADINGS.
(a) This volume consists of all ordinances of a general
and permanent nature of the Municipality, as 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 Franklin, Michigan, 1994, 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."
202.02 AMENDMENTS AND SUPPLEMENTS; NUMBERING.
(a) The Codified Ordinances of Franklin 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, so that a
reference to the Codified Ordinances shall be understood
and construed as including the Codified Ordinances of
Franklin 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, Part 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) The Codified Ordinances and all replacement pages
through the "2000 Replacement," inclusive, codified,
edited and published by American Legal Publishing are
adopted, consisting of all the ordinances and amendments
adopted by the Village of Franklin through August 1,
2000.
(Ord. 99 80. Passed 9 13 99; Ord. 2001-01. Passed
1-8-01.)
202.03 DEFINITIONS AND INTERPRETATION.
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 Franklin.
(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) Conjunctions. "And" includes "or" and "or" includes
"and," if the sense so requires.
(5) Council. "Council" means the legislative authority
of the Municipality.
(6) County. "County" means the County of Oakland,
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) Municipality or Village. "Municipality" or
"Village" means the Village of Franklin, Michigan.
(13) Number. Words in the plural include the singular
and words in the singular include the plural number.
(14) 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.
(15) Ordinance. "Ordinance" means and includes any
ordinance of the Municipality, including any provision
of these Codified Ordinances.
(16) 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.
(17) 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.
(18) Premises. "Premises," when used as applicable to
property, extends to and includes land and buildings.
(19) President. "President" means the chief executive
officer of the Municipality.
(20) 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.
(21) 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 Village 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.
(22) 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.
(23) 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.
(24) Residence. "Residence" means an abode in which a
person permanently resides.
(25) 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.
(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 Village,
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.
202.04 SEPARABILITY.
It is the legislative intent of Council in adopting
these Codified Ordinances that all provisions and
sections of these Codified Ordinances be liberally
construed to protect and preserve the peace, health,
safety and welfare of the inhabitants of the Village.
Should any provision or section of these Codified
Ordinances be held unconstitutional or invalid, such
holding shall not be construed as affecting the validity
of any of the remaining provisions or sections, it being
the intent that these Codified Ordinances shall stand,
notwithstanding the invalidity of any provision or
section thereof.
The provisions of this section shall apply to the
amendment of any section of these Codified Ordinances,
whether or not the wording of this section is set forth
in the amendatory ordinance.
202.05 SECTIONS AND ORDINANCES REPEALED.
All ordinances, resolutions, rules and regulations of
the Municipality, and parts of the same, in conflict
with any of the provisions of these Codified Ordinances,
are hereby repealed.
202.06 EXEMPTIONS FROM REPEAL.
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.
202.99 GENERAL CODE PENALTY; COMPLICITY.
(a) General Penalty; Sanctions; Remedies.
(1) Presumption of misdemeanor. All violations of any
provision of these Codified Ordinances or any Village
ordinance, unless expressly designated to be Municipal
civil infractions, shall be misdemeanors.
(2) Penalty for misdemeanors. Misdemeanor violations of
any provision of these Codified Ordinances or any
ordinance shall be punishable by a sentence of not more
than 90 days of confinement to jail, or by a fine of not
more than five hundred dollars ($500.00), or both, plus
court costs in the court's discretion, except where
otherwise provided in these Codified Ordinances or any
ordinance.
(3) Sanctions for Municipal civil infractions.
A. Civil fine. The sanction for any violation of any
provision of these Codified Ordinances or any ordinance,
which is designated to be a Municipal civil infraction,
shall be a civil fine of not more than five hundred
dollars ($500.00), plus costs and other sanctions, for
each offense, except where otherwise provided in these
Codified Ordinances or any ordinance.
B. Repeat offenses. Increased civil fines may be imposed
for a repeat offense. As used in this paragraph, "repeat
offense" means a determination or admission of
responsibility for a subsequent
Municipal civil infraction violation of the same
provision of these Codified Ordinances or any ordinance
provision committed by the same person within a
three-year period, unless a different period is
specified in these Codified Ordinances or any ordinance.
C. Enforcement order. In addition to ordering a
defendant determined to be responsible for a Municipal
civil infraction to pay a civil fine, costs, damages and
expenses, the court may issue any judgment, writ or
order necessary to enforce or enjoin a violation of any
Village ordinance.
D. Continuing offense. Each violation, and every day
upon which any such violation shall occur or continue,
shall constitute a separate offense.
E. Remedies not exclusive. In addition to any remedy
provided for by Village ordinance, any equitable or
other remedy available may be sought.
F. Costs. The court may also impose costs, damages and
expenses as provided by law.
(b) Surcharges; Equitable Remedies. The imposition of
any penalty provided for in this section shall be in
addition to any surcharge levied for a violation or of
noncompliance with a provision of these Codified
Ordinances, or a provision of a technical or other code
adopted by reference in these Codified Ordinances, or a
rule, regulation or order promulgated or made under
authority of either, or of State law, and shall be in
addition to any equitable remedy provided by a provision
of these Codified Ordinances, or a provision of a
technical or other code adopted by reference in these
Codified Ordinances, or a rule, regulation or order
promulgated or made under authority of either, or of
State law, including the enforced removal of prohibited
conditions.
(c) Complicity. Every person concerned in the commission
of an offense under these Codified Ordinances, whether
he or she directly commits the act constituting the
offense or procures, counsels, aids or abets in its
commission, may be prosecuted, indicted, tried and on
conviction shall be punished as if he or she had
directly committed such offense.
(Ord. 2000 1. Passed 2 7 00; Ord. 2002-03. Passed
5-13-02.)
