CODE OF ORDINANCES CITY OF GREENVILLE, MICHIGAN

____________

Published in 2012 by Order of the City Council

____________ Adopted: April 3, 2012

____________

OFFICIALS

of the

CITY OF

GREENVILLE, MICHIGAN

AT THE TIME OF THIS RECODIFICATION

____________

Jeanne Cunliffe

Brian Greene

John Hoppough, Mayor

Mark Lehman

Larry Moss

Lloyd Scoby

Fran Schuleit

City Council

____________

George M. Bosanic

City Manager

____________

Bradley S. Hool

City Clerk-Treasurer

PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the City of Greenville.

Source materials used in the preparation of the Code were the Prior Code, as supplemented through January 21, 2002, and ordinances adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the Prior Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Roger D. Merriam, Senior Code Attorney, and Lisa Stevens, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Mr. Bradley Hool, City Clerk-Treasurer and Mr. James M. Mullendore, Jr., City Attorney for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

ADOPTING ORDINANCE
ORDINANCE NO. 2012-01

An Ordinance Adopting and Enacting a New Code for the City of Greenville, Michigan; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and this Ordinance Shall Become Effective.

THE CITY OF GREENVILLE ORDAINS:

Section 1. Adopted. The Code entitled "Code of Ordinances, City of Greenville, Michigan," published by Municipal Code Corporation, consisting of chapters 1 through 46, each inclusive, is adopted.

Section 2. Prior ordinances repealed. All ordinances of a general and permanent nature enacted on or before September 20, 2011, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. Repealed ordinances not revived. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Penalty.

(a)

The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance.

(b)

In addition to the penalty prescribed in this section, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

(c)

Except as otherwise provided by law or ordinance:

(1)

A person convicted of a violation of this Code shall be a criminal misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment for a period of not more than 90 days or by both such fine and imprisonment.

(2)

A person convicted of a violation of this Code that substantially corresponds to a violation of state law which is a misdemeanor for which the maximum period of imprisonment is 93 days, shall be a criminal misdemeanor and punished by a fine of not more than $500.00, imprisonment for a term of not more than 93 days, or both such fine and imprisonment.

(3)

A person convicted of a violation of this Code that is a criminal misdemeanor shall pay the costs of prosecution.

(d)

The sanction for a violation which is declared to be a municipal civil infraction shall be a civil fine, plus any costs, damages, expenses and other sanctions, as authorized under chapter 87 of Public Act No. 236 of 1961 (MCL 600.8701 et seq.) and other applicable laws. Except as otherwise provided by ordinance: (or if the ordinance involved is silent, as set by the City Council by resolution)

(1)

The civil fine for a municipal civil infraction violation shall be not less than $50.00, plus costs and other sanctions, for each infraction.

(2)

Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of an ordinance. As used in this subsection, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or ordinance committed by a person within any twelve-month period and for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by an ordinance for a particular municipal civil infraction violation, the increased fine for a repeat offense shall be as follows:

a.

The fine for any offense which is a first repeat offense shall be not less than $100.00, plus costs.

b.

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $200.00, plus costs.

(e)

Except as otherwise provided:

(1)

With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

(2)

With respect to other violations, each violation constitutes a separate offense.

Section 5. Incorporation of amendments. Additions or amendments to the Code when passed in such form as to indicate an intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. References in certain ordinances. Ordinances adopted after September 20, 2011, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. Effective date. This Ordinance was adopted on April 3, 2012 and shall become effective on April 13, 2012.

/s/         Bradley S. Hool       Clerk-Treasurer       City of Greenville