The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Madison Heights, Michigan," and may be so cited. Such Code may also be cited as the "Madison Heights Code."

State Law reference— Authority to codify ordinances, MSA 5.2084(2). See also Charter § 7.9.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.

In the construction of this Code and of all ordinances and resolutions passed by the city council, the following definitions and rules shall be observed, unless clearly indicated to the contrary:

Charter. The word "Charter" shall mean the Charter of the City of Madison Heights as adopted by the electors on December 6, 1955, and any amendments thereto, a copy of which is printed in this volume.

City. The words "the city" or "this city" shall mean the City of Madison Heights, in Oakland County, Michigan.

City council. The words "city council" or "the council" shall mean the City Council of the City of Madison Heights, Michigan.

Code. Reference to "this Code" or "the Code" shall mean the Code of Ordinances, City of Madison Heights, Michigan, as designated in section 1-1.

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be excluded in computing the time, but the day on which such proceeding is to be had shall be included. Whenever any act required to be done pursuant to the provisions of this Code falls on a Sunday or legal holiday, that act shall be performed on the next succeeding business day.

County. The term "county," "the county" or "this county" shall mean Oakland County, Michigan.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Health department and health officer. The term "health department" or "department of public health" shall mean the Oakland County Health Department. The term "health officer" shall mean the Director of the Oakland County Health Department.

Highway. The term "highway" shall include any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway in the city, dedicated or devoted to public use.

Joint authority. Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.

Month. The word "month" shall mean a calendar month.

Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.

Oath. The word "oath" shall be construed to include 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."

Officers, departments, etc. Except as otherwise specifically provided, whenever any officer, department, board, commission or other agency is referred to by title alone, such reference shall be construed as if followed by the words "of the City of Madison Heights, Michigan." Whenever in accordance with the provisions of this Code any specific act is required to be done by any designated officer or official of the city, and such officer or official has not been appointed, such act shall be performed by the city manager. Whenever in accordance with the provisions of this Code any specific act is required to be done by any designated officer or official of the city, such act may be performed by any duly authorized member of his department.

Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

Person. The word "person" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals. Whenever used with respect to any penalty, the word "person," as applied to partnerships or associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.

Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.

Public place. The words "public place" shall mean any street, alley, park, canal, waterway, beach, public building or any place of business or assembly open to the public or frequented by the public.

Roadway. The word "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic.

Sidewalk. The word "sidewalk" shall mean any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians.

Signature or subscription. The term "signature" or "subscription" shall include a mark when a person cannot write.

State. The words "the state" or "this state" shall be construed to mean the State of Michigan.

Street. The term "street" shall include any highway, alley, street, avenue or public place, square, bridge, viaduct, underpass, overpass, tunnel or causeway in the city, dedicated or devoted to public use.

Tense. Words used in the past or present tense include the future as well as the past and present.

Time standard. Whenever certain hours are named in this Code, they shall mean standard time or daylight saving time as may be in current use in the city.

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The word "year" shall mean a calendar year.

(Code 1958, § 1-101)

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:

(1)

Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness;

(2)

Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget;

(3)

Any ordinance annexing territory to the city or excluding territory as a part of the city;

(4)

Any ordinance granting any franchise, permit or other right;

(5)

Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument;

(6)

Ordinance No. 252, being the zoning ordinance set out in Appendix A of this Code and amendments thereto;

(7)

Any ordinance adopting a preliminary plan, development plan or district council in connection with an urban renewal project;

(8)

Any temporary or special ordinance;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.

Noting in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, on any penalty or forfeiture incurred, or any contract or right established or accruing, before the effective date of this Code.

(a)

Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or wherever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this Code or any such ordinance shall be punishable by a fine in an amount not exceeding $500.00 or imprisonment for a term not exceeding 90 days, or both, except when a specific penalty is otherwise provided. Each day on which any violation of this Code or of any ordinance shall continue shall constitute a separate offense and shall be punishable as such.

(b)

Any court having the jurisdiction and/or presiding over cases involving the violation of any Charter or Code provisions of the City of Madison Heights shall have the discretion to award restitution to the City of Madison Heights to be paid by any individuals, partnerships, corporations, associations, or any other legal entity having been convicted or having plead guilty or nolo contendere as charged or under advisement to any violations of this Charter or Code of Ordinances.

Restitution shall include, but not be limited to, the repair and/or replacement of property and/or any labor costs associated with the repair and/or replacement of property; the hourly rate paid to police personnel, fire personnel, and/or any other individuals, companies or agencies acting on behalf of the city for the time police personnel, fire personnel or other person acting on behalf of the city must expend to provide on site traffic and/or crowd control or to investigate and/or report the crime; and/or any cost of medical and/or professional services incurred by the city for any injuries to police personnel, fire personnel, or any other individuals, companies or agencies acting on behalf of the city or incurred as a result of the actions of the defendant.

(Code 1958, §§ 1-105, 1-106; Ord. No. 949, § 1, 4-14-97)

Editor's note— Ord. No. 949, § 1, adopted April 14, 1997, amended the Code by adding provisions designated as paragraph (a). In order to maintain established Code format, the editor, at his discretion, has designated the existing provisions of § 1-7 as paragraph (a) and has redesignated these new provisions as paragraph (b).

Charter reference— Limitation on penalties, § 7.5. See also, MSA 5.2082.

(a)

Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section _______ of the Code of Ordinances, City of Madison Heights, Michigan, is hereby amended to read as follows:…" The new provisions shall then be set out in full as desired.

(b)

In the event a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances, City of Madison Heights, Michigan, is hereby amended by adding a section, to be numbered _______, which said section reads as follows:…" The new section shall then be set out in full as desired.

Charter reference— Amendment of ordinances by city council, § 7.3.

(a)

By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code, and shall also include all amendments to the Charter during the period. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _______ to _______" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

If a court of competent jurisdiction should hold one or more sections or a part of a section of this Code or of an ordinance passed hereafter invalid, such holding shall not affect the remainder of the Code or ordinance nor the context in which such section, sections or part of a section so held invalid may appear, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section, sections or part of a section so held invalid.

(Code 1958, § 1-104)

Charter reference— Similar provisions, § 7.8.