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Code of Ordinance › Chapter 1 — GENERAL PROVISIONS

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).

Printed October 10, 2026 at 1:37 AM from https://demo4.innovativeexpertise.com/documents/code-of-ordinance/print/2032