Demo 4

Code of Ordinance

The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, Village of Mayville, Michigan," and may be so cited. Such Code may also be cited as the "Mayville Village Code." State Law reference— Authority to codify ordinances, MCL 66.3a, MSA 5.1273(1).

(a) It is the legislative intent of the village council in adopting this Code that all provisions and sections of this Code be liberally construed to protect and preserve the peace, health, safety and welfare of the inhabitants of the village. In the construction of this Code and any amendment to this Code, the following definitions and rules of construction shall be observed, unless the context clearly indicates otherwise:

1. Chief of police. The "chief of police" shall be the village marshal and shall be appointed and have the duties and responsibilities of a village marshal in accordance with Public Act No. 3 of 1895 (MCL 61.1 et seq., MSA 5.1201 et seq.).

2. Code. The term "this Code" or "Code" means the Code of Ordinances, Village of Mayville, Michigan, as designated in section 1-1.

3. Computation of time. The time within which an act is to be done, as provided in this Code or in any order issued pursuant to this Code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is Sunday or a legal holiday it shall be excluded; and when the time is expressed in hours, the whole of Sunday or a legal holiday, from midnight to midnight, shall be excluded if the time period expires on a Sunday or legal holiday.

4. Council. The term "council" means the president and council members of the village.

5. County. The term "the county" or "this county" means the County of Tuscola, State of Michigan.

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

7. MCL, MSA. The abbreviation "MCL" means the Michigan Compiled Laws, as amended. The abbreviation "MSA" means the Michigan Statutes Annotated, as amended.

8. Number. A word importing the singular number only may extend and be applied to several persons and things, as well as to one person and thing.

9. Oath, affirmation, sworn, affirmed. The term "oath" shall be construed to include the term "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the term "sworn" shall be construed to include the term "affirmed."

10. Officers, departments, boards, commissions or other agencies. Whenever any officer, department, board, commission or other agency is referred to by title only, such reference shall be construed as if followed by the term "of the Village of Mayville, Michigan." Whenever by the provisions of this Code any officer of the village is assigned any duty or empowered to perform any act or duty, reference to such officer shall mean and include such officer or his deputy or authorized subordinate.

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

12. Person. The term "person" includes firms, joint ventures, partnerships, corporations, clubs and all associations or organizations of natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and all federal, state and local agencies of government, as well as natural persons, and includes all legal representatives, heirs, successors and assigns thereof.

13. Public place. The term "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.

14. Shall, may. The term "shall" is to be considered mandatory and not discretionary, except as otherwise provided. The term "may" is permissive.

15. Sidewalk. The term "sidewalk" means that portion of a street between the curblines or lateral lines and the right-of-way lines which is intended for the use of pedestrians.

16. State. The term "the state" or "this state" means the State of Michigan.

17. Street, highway, alley. The terms "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, or every way or place, of whatever nature, whenever any part thereof is open to the use of the traveling public. The term "alley" means any such way or place providing a secondary means of ingress and egress to and from a property.

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

19. Village. The term "village" means the Village of Mayville, Michigan.

20. Village council. The term "village council" or "council" means the village council of the Village of Mayville.

(b) Any word or term not defined in this Code shall be considered to be defined in accordance with its common or standard definition.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be the titles of such sections or any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. No section of this Code shall be held invalid because of deficiency in any such catchline or in any heading or title to any chapter, article or

Cross references, state law references and editor's notes in this Code are explanatory only and should not be deemed a part of the text of any section.

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

1. (a) Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code.
2. (b) The adoption of this Code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance of the village in effect on the date of adoption of this Code.

1. (a) Amendments to any of the sections of this Code shall be made by amending such sections by specific reference to the section number of this Code in the following language: "That section ________ of the Code of Ordinances, Village of Mayville, Michigan (or Mayville Village Code), is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as desired.
2. (b) If a new section not then existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances, Village of Mayville, Michigan (or Mayville Village Code), is hereby amended by adding a section, to be numbered ____________ , which section reads as follows: . . . ." The new section shall then be set out in full as desired.
3. (c) If a section is to be repealed, the following language shall be used: "That the Code of Ordinances, Village of Mayville, Michigan (or Mayville Village Code), is hereby amended by deleting a section, numbered ____________ ."

1. (a) By contract or by village personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the village council. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. 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 adoption of the latest ordinance included in the supplement.
2. (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.
3. (c) When preparing a supplement to this Code, the codifier, meaning the person 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. (1) Organize the ordinance material into appropriate subdivisions;
   2. (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. (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. (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. (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.

Should any provision or section of this Code be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions or sections of this Code, it being the intent of the village council that this Code shall stand, notwithstanding the invalidity of any provision or section thereof. This section shall apply to the amendment of any section of this Code, whether or not the wording of this section is set forth in the amendatory ordinance.

Unless otherwise provided in this Code, notice regarding sidewalk repairs, sewer or water connections, dangerous structures, abating nuisances or any other act, the expense of which is performed by the village and may be assessed against the premises under this Code, shall be served by:

1. (1) Delivering the notice to the owner personally or leaving the notice at his residence, his office or place of business with some person of suitable age and discretion;
2. (2) Mailing the notice by certified or registered mail to the owner at his last known address; or
3. (3) If the owner is unknown, posting the notice in some conspicuous place on the premises at least five days before the act or action for which the notice is given. No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any village officer, unless permission is given by the officer to remove the notice.

Whenever any act or omission to act is made a violation of this Code, or of any rule or regulation adopted under this Code, any person who causes, secures, aids or abets such violation may be prosecuted, and any conviction thereof shall be punished as if he had directly committed such violation.

Nothing in this Code or the ordinance adopting this Code, when not inconsistent with this Code, shall affect any ordinance:

1. (1) Affecting the boundaries of the village;
2. (2) Vacating, abandoning or accepting any street, alley or easement;
3. (3) Relating to any specific local improvement;
4. (4) Authorizing, directing or ratifying any purchase or sale;
5. (5) Approving or accepting any subdivision or plat, or subdivision ordinance;
6. (6) Authorizing or directing the issuance of any bonds or other evidence of indebtedness, excepting those portions of any bond ordinance included in this Code;
7. (7) Authorizing or directing the making of any investment;
8. (8) Making or otherwise affecting any appropriations;
9. (9) Levying or otherwise affecting any taxes, not inconsistent with this Code;
10. (10) Relating to franchises;
11. (11) Pertaining to zoning or rezoning; or
12. (12) Regulating or restricting traffic to parking on particular streets or in particular locations in the village. All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the office of the village clerk. No offense committed or penalty incurred or any right established prior to the effective date of this Code shall be affected.

It shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the village to be misrepresented thereby. [1]

Footnotes:

--- (1) --- Editor's note— Entire article newly adopted on June 21, 2005 (Ordinance No. 132).

1. (a) Unless a violation of an ordinance is specifically designated in the ordinance as a municipal civil infraction, the violation shall be deemed to be a misdemeanor.
2. (b) The penalty for a misdemeanor violation shall be a fine not exceeding $500.00 (plus costs of prosecution), or imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for the violation by the Code or any ordinance.
3. (c) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by the Code or any ordinance, plus any cost, damages, expenses, and other sanctions, as authorized under Chapter 87 of Public Act 236 of 1961, as amended, and other applicable laws.
   1. (1) Unless otherwise specifically provide for, the civil fine for a particular municipal civil infraction violation shall be not less than one hundred ($100.00) dollars, plus costs and other sanctions, for each infraction. Costs shall include all expenses, direct and indirect, to which the Village has been put in connection with the municipal civil infraction.
   2. (2) Increased civil fines may be imposed for repeated violations by a person of any ordinance provision. As used in this Section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation (based on the date of the commission of the offense) of the same requirement or provision(i) committed by a person within any 3-year period (unless some other period is specifically provided by ordinance) and (ii) for which the person admits responsibility or is provided by ordinance for a particular municipal civil infraction violation, the increased fines for a repeat offense shall be as follows:
      1. (A) The fine for any offense which is a first repeat offense shall be no less than two hundred fifty ($250.00) dollars, plus costs.
      2. (B) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than five hundred ($500.00) dollars, plus costs.
      3. (C) A "violation" includes any act which is prohibited by any ordinance or any omission or failure to act where the act is required by any ordinance.
      4. (D) Each act of violation and each day on which any violation of any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
      5. (E) In addition to any remedies available at law, the Village may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of the ordinance. The penalty or sanction shall be in addition to the abatement of the violating condition, any injunctive relief, revocation of any permit or license, or other process.
      6. (F) The penalties and sanctions provided by this section, unless another penalty or sanction as expressly provided, shall apply to the amendment of any section of this Code whether or not such penalty or sanction is enacted in the amendatory ordinance.

A municipal civil infraction action may be commenced upon the issuance by an authorized official of

1. (1) a municipal civil infraction citation directing the alleged violator to appear in court; or
2. (2) a municipal civil infraction violation notice directing the alleged violator to appear at the village municipal ordinance violations bureau to pay fines and costs.

Municipal civil infraction citations shall be issued and served by authorized officials as follows:

1. (a) The time for appearance specified in the citation shall be within a reasonable time after the citation is issued.
2. (b) The place for appearance specified in a citation shall be the 71-B District Court.
3. (c) Each citation shall be numbered consecutively and shall be in a form approved by the State Court Administrator. The original citation shall be filed with the 71-B District Court. Copies of the citation shall be retained by the authorized official and issued to the alleged violator as provided by Section 8705 of the Act.
4. (d) A citation for a municipal civil infraction signed by an authorized official shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official: "I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief".
5. (e) An authorized official who witnesses a person commit a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and required copies of a citation.
6. (f) An authorized official may issue a citation to a person if:
   1. (1) Based upon investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction; or
   2. (2) Based upon investigation of a complaint by someone who allegedly witnessed the person commit a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for an infraction and if the prosecuting attorney or village attorney approves in writing the issuance of the citation.
7. (g) Citations shall be served by an authorized official as follows:
   1. (1) Except as provided by Section 1-18 (g)
   2. (2) , an authorized official shall personally serve a copy of the citation upon the alleged violator. (2) If the municipal civil infraction involves the use or occupancy of land, a building, or other structure, a copy of the citation does not need to be personally served upon the alleged violator, but may be served upon an owner or occupant of the land, building, or structure by posting the copy of the citation or attaching a copy to the building or structure. In addition, a copy of the citation shall be sent by first-class mail to the owner of the land, building, or structure at the owner's last known address.

1. (a) A municipal ordinance citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged, the place where the alleged violator shall appear in court, the telephone number of the court, and the time at or by which the appearance shall be made.
2. (b) Further, the citation shall inform the alleged violator that he or she may do one of the following:
   1. (1) Admit responsibility for the municipal civil infraction by mail, in person, or by representation, at or by the time specified for appearance.
   2. (2) Admit responsibility for the municipal civil infraction "with explanation" or by mail by the time specified for appearance or, in person, or by representation.
   3. (3) Deny responsibility for the municipal civil infraction by doing either of the following:
      1. (A) Appearing in person for an informal hearing before a judge or district court magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the village.
      2. (B) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
3. (c) The citation shall also inform the alleged violator of all of the following:
   1. (1) That if the alleged violator desires to admit responsibility "with explanation" in person or by representation, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time for an appearance.
   2. (2) That if the alleged violator desires to deny responsibility, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation.
   3. (3) That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the authorized official.
   4. (4) That at an informal hearing the alleged violator must appear in person before a judge or district court magistrate, without the opportunity of being represented by an attorney.
   5. (5) That at a formal hearing the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.
4. (d) The citation shall contain a notice in boldface type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for a hearing of appearance is a misdemeanor and will result in entry of a Default Judgment against the alleged violator on the municipal civil infraction.

notices; procedures; accounting.

(a) The Village hereby establishes a municipal ordinance violations bureau ("bureau") as authorized under section 8396 of the Act to accept admissions of responsibility for municipal civil infraction in response to municipal civil infraction violation notices issued and served by authorized officials, and to collect and retain civil fines and costs as prescribed by this ordinance. The bureau shall be located at the village clerk's office and shall be under the supervision and control of the village clerk.

(b) The scope of the bureau's authority shall be limited to accepting admissions of responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of those admissions. The bureau shall not accept payment from any person who denies having committed the offense or who admits responsibility only with explanation, and in no event shall the bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation.

(c) Municipal civil infraction violation notices shall be issued and served by authorized village officials under the same circumstances and upon the same persons as provided for citations in sections 1- 18(f) and (g) of this Ordinance. In addition to any other information required by this ordinance, the notice of violation shall indicate the time by which the alleged violator must appear at the bureau, the methods by which an appearance may be made, the address and telephone number of the bureau, the hours during which the bureau is open, the amount of the fine scheduled for the alleged violation, and the consequences for failure to appear and pay the required fine within the required time.

(d) An alleged violator receiving a municipal civil infraction violation notice shall appear at the bureau and pay the specified fine and costs at or by the time specified for appearance in the municipal civil infraction violation notice. An appearance may be made by mail, in person, or by representation.

(e) If an authorized official issues and serves a municipal ordinance violation notice and if an admission of responsibility is not made and the civil fines and costs, if any, prescribed by the schedule of fines for the violation are not paid at the bureau, a municipal civil infraction citation may be served by first class mail upon the alleged violator at the alleged violator's last known address. The citation filed with the court does not need to comply in all particulars with the requirements for citations as provided by sections 8705 and 8709 of the Act, but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice and shall fairly inform the alleged violator how to respond to the citation.

(f) The Chief of Police shall retain all municipal ordinance violation notices and shall account to the Village Council as directed concerning the number of admissions and denials of responsibility for municipal civil infractions and the amount of fines collected. The amounts collected in civil fines shall be placed in the general fund of the Village.

(g) Nothing in this ordinance shall prevent or restrict the Village from issuing a municipal civil infraction citation for any violation, from prosecuting any violation in a court of competent jurisdiction or from taking other enforcement action as authorized by law.

The various parts, sections, and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby. (Ord. No. 132, 6-21-2005) [1] Footnotes: ---

1. (1) --- Cross reference— Administration and enforcement of state construction code, § 18-31; civil emergencies, ch. 22; community development, ch. 26; special assessments, ch. 58; utilities, ch. 70; water department, § 70-61 et seq. State Law reference— Open meetings act, MCL 15.261 et seq., MSA 4.1800(11) et seq.; freedom of information act, MCL 15.231 et seq., MSA 4.1801(1) et seq. Secs. 2-1—2-30. - Reserved. [2] Footnotes: ---
2. (2) --- State Law reference— Village officers, MCL 62.1 et seq., MSA 5.1215 et seq.; duties of officers, MCL 64.1 et seq., MSA 5.1243 et seq.; village council, MCL 65.1 et seq., MSA 5.1264 et seq.; powers of the council, MCL 67.1 et seq., MSA 5.1285 et seq.

Printed October 10, 2026 at 1:39 AM from https://demo4.innovativeexpertise.com/documents/code-of-ordinance/print/2031