CODE OF
ORDINANCES
TITTABAWASSEE TOWNSHIP,
MICHIGAN
________
Published by Order of the
Township Board
________
Adopted May 14, 2002
Effective June 22, 2002
________
Published by Municipal Code Corporation
Tallahassee, Florida 2002
OFFICIALS
of
TITTABAWASSEE TOWNSHIP, MICHIGAN
AT THE TIME OF THIS CODIFICATION
________
Kenneth A. Kasper
Supervisor
________
Mary Kay Knoerr
Treasurer
________
Robert DuCharme
Clerk
________
Paul Vasold
Rick Hayes
Ruth Averill
Carl Neuenfeldt
Trustees
________
Russell P. Taylor
Manager
________
Gary R. Campbell
Attorney
PREFACE
This Code constitutes a codification of the general and permanent
ordinances of Tittabawassee Township, Michigan.
Source materials used in the preparation of the Code were the 1987
Compilation, as supplemented through November 10, 1987, and ordinances subsequently
adopted by the township board. 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 1987 Compilation,
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:
TABLE INSET:
|
CODE:1 |
|
CODE APPENDIX:1 |
|
CODE COMPARATIVE TABLES:1 |
|
STATE LAW REFERENCE TABLE:1 |
|
CODE INDEX:1 |
Index
The index has 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 index itself 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 Bill Carroll,
Senior Code Attorney, and Kelly Kelleher Peuckert, 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. Russell Taylor, former
Township Manager, Ms. Susan Sauer, Administrative Clerk, and Mr. Gary Campbell,
Township 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 township readily accessible to all citizens and which will be a valuable
tool in the day-to-day administration of the township's affairs.
Copyright
All editorial enhancements of this Code are copyrighted by
Municipal Code Corporation and Tittabawassee Township, Michigan. Editorial
enhancements include, but are not limited to: organization; table of contents;
section catchlines; prechapter section analyses; editor's notes; cross
references; state law references; numbering system; code comparative table;
state law reference table; and index. Such material may not be used or
reproduced for commercial purposes without the express written consent of
Municipal Code Corporation and Tittabawassee Township, Michigan.
© Copyrighted material.
Municipal Code Corporation and Tittabawassee Township, Michigan. 2002.
TITTABAWASSEE TOWNSHIP
COUNTY OF SAGINAW, STATE OF MICHIGAN
ORDINANCE NO. 02-06
ORDINANCE ADOPTING AND ENACTING
NEW CODE OF ORDINANCES
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE
TITTABAWASSEE TOWNSHIP, 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 TOWNSHIP OF TITTABAWASSEE, SAGINAW COUNTY, MICHIGAN ORDAINS:
Section 1. Short title. This ordinance shall be known as the
"Code of Ordinances adopting ordinance" and may be so cited.
Section 2. Adoption of Code of Ordinances. The Code entitled
"Code of Ordinances, Tittabawassee Township," published by Municipal
Code Corporation, consisting of chapters 1 through 66, each inclusive, is
adopted.
Section 3. Repealer. All ordinances of a general and permanent
nature enacted on or before September 11, 2001, and not included in the Code or
recognized and continued in force by reference therein, are repealed.
Section 4. Prior 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 5. Penalty. Unless another penalty is expressly provided,
every person convicted of a violation of any provision of the Code or any
ordinance, rule or regulation adopted or issued in pursuance thereof shall be
punished by a fine not exceeding $500.00 and/or imprisonment not exceeding 90
days in the discretion of the court. However, unless otherwise provided by law,
a person convicted of a violation of this Code which substantially corresponds
to a violation of state law that is a misdemeanor for which the maximum period
of imprisonment is 93 days shall be punished by a fine not to exceed $500.00,
and costs of prosecution or by imprisonment for a period of not more than 93
days or by both such fine and imprisonment. Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense.
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. In addition to the penalty
prescribed above, the Township may pursue other remedies such as abatement of
nuisances, injunctive relief and revocation of licenses or permits.
Section 6. Code additions or amendments. Additions or amendments
to the Code when passed in such form as to indicate the intention of the
Township Board 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 7. Later ordinances. Ordinances adopted after September
11, 2001, 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 8. Effective date. This ordinance shall become effective
June 22, 2002.
PASSED AND ADOPTED by the Board this 14th day of May, 2002.
By:
______________________________
Supervisor, Kenneth A. Kasper
ATTEST:
______________________________
Clerk, Robert DuCharme
Sec.
1-1. Designation and citation of Code.
Sec.
1-2. Definitions and rules of
construction.
Sec.
1-3. Catchlines of sections; history
notes; references.
Sec.
1-4. Effect of repeal of ordinance.
Sec.
1-5. Amendments to Code; effect of new
ordinances; amendatory language.
Sec.
1-6. Supplementation of Code.
Sec.
1-7. General penalty; continuing
violations.
Sec.
1-8. Municipal civil infractions.
Sec.
1-9. Severability.
Sec.
1-10. Provisions deemed continuation of
existing ordinances.
Sec.
1-11. Code does not affect prior
offenses or rights.
Sec.
1-12. Certain ordinances not affected by
Code.
The ordinances embraced in this and the following chapters shall
constitute and be designated the "Code of Ordinances, Tittabawassee Township,
Michigan," and may be so cited. Such ordinances may also be cited as the
"Tittabawassee Township Code."
State law references: Authority to codify ordinances, MCL
41.186.
The following definitions and rules of construction shall apply to
this Code and to all ordinances and resolutions unless the context requires
otherwise:
Generally. When provisions conflict, the specific shall prevail over
the general. All provisions shall be liberally construed so that the intent of
the township board may be effectuated. Words and phrases shall be construed
according to the common and approved usage of the language, but technical
words, technical phrases, and words and phrases that have acquired peculiar and
appropriate meanings in law shall be construed according to such meanings.
Code. The term "Code" means the Code of Ordinances,
Tittabawassee Township, Michigan, as designated in section 1-1.
Computation of time. In computing a period of days, the
first day is excluded and the last day is included. If the last day of any
period or a fixed or final day is a Saturday, Sunday, or legal holiday, the
period or day is extended to include the next day that is not a Saturday,
Sunday, or legal holiday.
Conjunctions. In a provision involving two or more items, conditions,
provisions or events, which items, conditions, provisions or events are
connected by the conjunction "and," "or" or "either .
. . or," the conjunction shall be interpreted as follows:
(1) The term
"and" indicates that all the connected terms, conditions, provisions
or events apply.
(2) The term
"or" indicates that the connected terms, conditions, provisions or
events apply singly or in any combination.
(3) The term
"either . . . or" indicates that the connected terms, conditions,
provisions or events apply singly but not in combination.
County. The term "county" means Saginaw County, Michigan.
Delegation of authority. A provision that authorizes or
requires a township officer or township employee to perform an act or make a
decision or authorizes such officer or employee to act or make a decision
through subordinates.
Gender. Words of one gender include the other genders.
Health department. The terms "health department"
and "department of public health" mean the county health department.
Health officer. The term "health officer"
means the director of the county health department.
Highway. The term "highway" includes any street, alley,
highway, avenue, or public place or square, bridge, viaduct, tunnel, underpass,
overpass or causeway, dedicated or devoted to public use.
Includes, including. The terms "includes" and
"including" are terms of enlargement and not of limitation or
exclusive enumeration, and the use of the terms does not create a presumption
that components not expressed are excluded.
Joint authority. A grant of authority to three or more
persons as a public body confers the authority on a majority of the number of
members as fixed by statute or ordinance.
May. The term "may" is to be construed as being
permissive and not mandatory.
May not. The term "may not" states a prohibition.
Month. The term "month" means a calendar month.
Must. The term "must" is to be construed as being
mandatory.
Number. The singular includes the plural and the plural includes
the singular.
Oath, affirmation, sworn, affirmed. The term
"oath" includes an affirmation in all cases where an affirmation may
be substituted for an oath. In similar cases, the term "sworn"
includes the term "affirmed."
Officers, departments, etc. References to officers, departments,
boards, commissions or employees are to township officers, township
departments, township boards, township commissions and township employees.
Owner. The term "owner," as applied to property,
includes any part owner, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety of the whole or part of such property.
With respect to special assessments, however, the owner shall be considered to
be the person whose name appears on the assessment roll for the purpose of
giving notice and billing.
Person. The word "person" means any individual,
partnership, corporation, association, club, joint venture, estate, trust,
limited liability company, governmental unit, and any other group or
combination acting as a unit, and the individuals constituting such group or
unit.
Personal property. The term "personal property"
means any property other than real property.
Preceding, following. The terms "preceding" and
"following" mean next before and next after, respectively.
Premises. The term "premises," as applied to real property,
includes land and structures.
Property. The term "property" means real and personal
property.
Public acts. References to public acts are references to the Public Acts
of Michigan. (For example, a reference to Public Act No. 279 of 1909 is a
reference to Act No. 279 of the Public Acts of Michigan of 1909.) Any reference
to a public act, whether by act number or by short title, is a reference to the
act as amended.
Real property, real estate, land, lands. The term
"real property," "real estate," "land" or
"lands" includes lands, tenements and hereditaments.
Roadway. The term "roadway" means that portion of a street
improved, designed or ordinarily used for vehicular traffic.
Shall. The term "shall" is to be construed as being
mandatory.
Sidewalk. The term "sidewalk" means 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, subscription. The terms "signature" and
"subscription" include a mark when the person cannot write.
State. The term "state" means the State of Michigan.
Street. The term "street" means any street, alley, highway,
avenue, or public place or square, bridge, viaduct, tunnel, underpass, overpass
or causeway, dedicated or devoted to public use.
Swear. The term "swear" includes affirm.
Tenses. The present tense includes the past and future tenses. The
future tense includes the present tense.
Township. The term "township" means Tittabawassee Township,
Michigan.
Township board, township board of trustees, board of trustees,
board. The terms "township board of trustees," "township
board," "board of trustees" and "board" mean the
governing body of Tittabawassee Township.
Week. The term "week" means seven consecutive days.
Written. The term "written" includes any representation of
words, letters, symbols or figures.
Year. The term "year" means 12 consecutive months.
State law references: Definitions and rules of construction
applicable to state statutes, MCL 8.3 et seq.
(a) 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 are not titles of such
sections, or of any part of the section, nor unless expressly so provided shall
they be so deemed when any such section, including the catchline, is amended or
reenacted.
(b) The history or
source notes appearing in parentheses after sections in this Code have no legal
effect and only indicate legislative history. Charter references, cross
references and state law references that appear in this Code after sections or
subsections or that otherwise appear in footnote form are provided for the
convenience of the user of the Code and have no legal effect.
(c) Unless specified
otherwise, all references to chapters or sections are to chapters or sections
of this Code.
State law references: Catchlines in state statutes, MCL 8.4b.
(a) Unless
specifically provided otherwise, the repeal of a repealing ordinance does not
revive the ordinance originally repealed nor impair the effect of any saving
provision in it.
(b) The repeal or
amendment of an ordinance does not affect any punishment or penalty incurred
before the repeal took effect, nor does such repeal or amendment affect any
rights, privileges, suit, prosecution or proceeding pending at the time of the
amendment or repeal.
State law references: Effect of repeal of state statutes, MCL
8.4.
(a) All ordinances
adopted subsequent to this Code that amend, repeal or in any way affect this
Code may be numbered in accordance with the numbering system of the Code and
printed for inclusion in the Code. Portions of this Code repealed by subsequent
ordinances may be excluded from this Code by omission from reprinted pages
affected thereby.
(b) Amendments to
provisions of this Code may be made with the following language: "Section
(chapter, article, division or subdivision, as appropriate) of the Code of
Ordinances, Tittabawassee Township, Michigan, is hereby amended to read as
follows: . . . ."
(c) If a new section,
subdivision, division, article or chapter is to be added to the Code, the
following language may be used: "Section (chapter, article, division or
subdivision, as appropriate) of the Code of Ordinances, Tittabawassee Township,
Michigan, is hereby created to read as follows: . . . ."
(d) All provisions
desired to be repealed should be repealed specifically by section, subdivision,
division, article or chapter number, as appropriate, or by setting out the
repealed provisions in full in the repealing ordinance.
(a) Supplements to
this Code shall be prepared and printed whenever authorized or directed by the
township. A supplement to this 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 the supplement shall be
so numbered that they will fit properly into the Code and will, where
necessary, replace pages that have become obsolete or partially obsolete. 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 that 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 person authorized to prepare the supplement may
make formal, nonsubstantive changes in ordinances included in the supplement,
insofar as necessary to do so in order to embody them into a unified code. For
example, the person may:
(1) Arrange the
material into appropriate organizational units.
(2) Supply appropriate
catchlines, headings and titles for chapters, articles, divisions, subdivisions
and sections to be included in the Code and make changes in any such catchlines,
headings and titles or in any such catchlines, headings and titles already in
the Code.
(3) Assign appropriate
numbers to chapters, articles, divisions, subdivisions and sections to be added
to the Code.
(4) Where necessary to
accommodate new material, change existing numbers assigned to chapters,
articles, divisions, subdivisions or sections.
(5) Change the words
"this ordinance" or similar words to "this chapter,"
"this article," "this division," "this subdivision,"
"this section" or "sections ________ to ________"
(inserting section numbers to indicate the sections of the Code that embody the
substantive sections of the ordinance incorporated in the Code).
(6) Make other
nonsubstantive changes necessary to preserve the original meaning of the
ordinances inserted in the Code.
(a) In this section,
the term "violation of this Code" means any of the following:
(1) Doing an act that
is prohibited or made or declared unlawful, an offense, or a violation by
ordinance or by rule or regulation authorized by ordinance.
(2) Failure to perform
an act that is required to be performed by ordinance or by rule or regulation
authorized by ordinance.
(3) Failure to perform
an act if the failure is prohibited or is made or declared unlawful, an
offense, or a violation or by ordinance or by rule or regulation authorized by
ordinance.
(b) Any provision of
this Code that is made or declared to be a misdemeanor is a violation of this
Code.
(c) In this section,
the term "violation of this Code" does not include the failure of a
township officer or township employee to perform an official duty unless it is
specifically provided that the failure to perform the duty is to be punished as
provided in this section.
(d) Except as
specifically provided otherwise by state law or township ordinance, all
violations of this Code are misdemeanors. Except as otherwise provided by law
or ordinance, a person convicted of a violation of this Code that is a
misdemeanor shall be punished by a fine not to exceed $500.00, and costs of
prosecution or by imprisonment for a period of not more than 90 days, or by
both such fine and imprisonment. However, unless otherwise provided by law, a
person convicted of a violation of this Code which substantially corresponds to
a violation of state law that is a misdemeanor for which the maximum period of
imprisonment is 93 days shall be punished by a fine not to exceed $500.00, and
costs of prosecution or by imprisonment for a period of not more than 93 days,
or by both such fine and imprisonment.
(e) Except as
otherwise provided by law or ordinance, with respect to violations of this Code
that are continuous with respect to time, each day that the violation continues
is a separate offense. As to other violations, each violation constitutes a
separate offense.
(f) The imposition of
a penalty does not prevent suspension or revocation of a license, permit or
franchise or other administrative sanctions.
(g) Violations of this
Code that are intermittent or ongoing are a nuisance per se and may be abated
by injunctive or other equitable relief. The imposition of a penalty does not
prevent injunctive relief or civil or quasi-judicial enforcement.
State law references: Penalty for ordinance violations, MCL
41.183.
(a) Title and
purpose. This section shall be known and cited as the "Tittabawassee
Township Sanctions for Ordinance Violations Ordinance." The purpose of
this section is to decriminalize the misdemeanor penalty provisions in the
township's ordinances and to establish such violation or penalties as municipal
civil infractions.
(b) Ordinances
affected. This section pertains to the following ordinances and their
penalty provisions:
(1) Tittabawassee
Township Zoning Ordinance.
(2) Single state
construction code, section 14-26 et seq.
(3) Blight ordinance,
section 26-26 et seq.
(4) Dismantled
vehicles, section 26-46 et seq.
(5) Abatement of dangerous
buildings, section 14-56.
(6) Fire prevention
and protection, section 30-1 et seq.
(7) Noise ordinance,
section 26-151 et seq.
(c) Amended penalty
provisions. The referenced penalty provisions set forth in the ordinances
listed in subsection (b) are amended to read as follows:
Any person or other entity who violates any of the provisions of
this section is responsible for a municipal civil infraction as defined by
state law and subject to a civil fine determined in accordance with the
following schedule:
First violation within a 3-year period* . . . $ 95.00
Second violation within a 3-year period* . . . 145.00
Third violation within a 3-year period* . . . 275.00
Fourth violation within a 3-year period* . . . 500.00
(*determined on the basis of the date of the violation)
Additionally, the violator shall pay costs, which may include all
direct or indirect expenses to which the township has been put in connection
with the violation. In no case, however, shall costs of less than $9.99 or more
than $500.00 be ordered. A violator of this section shall also be subject to
such additional sanctions, remedies, and judicial orders as are authorized
under state law. Each day a violation of this section continues to exist constitutes
a separate violation.
(Ord. No. 01-01, §§ I--III, 6-12-2001; Ord. No. 03-01, § 1,
7-8-2003)
If any provision of this Code or its application to any person or
circumstances is held invalid or unconstitutional, the invalidity or
unconstitutionality does not affect other provisions or application of this
Code that can be given effect without the invalid or unconstitutional provision
or application, and to this end the provisions of this Code are severable. If
any provision of this Code or its application to any person or circumstances is
held to be overbroad, that provision or application will nevertheless be
enforced to the fullest extent permitted by law.
State law references: Severability of state statutes, MCL
8.5.
The provisions of this Code, insofar as they are substantially the
same as legislation previously adopted by the township relating to the same
subject matter, shall be construed as restatements and continuations thereof
and not as new enactments.
State law references: Similar provisions as to state
statutes, MCL 8.3u.
(a) Nothing in this
Code or the ordinance adopting this Code affects any offense or act committed
or done, any penalty or forfeiture incurred, or any contract or right
established before the effective date of this Code.
(b) The adoption of
this Code does not authorize any use or the continuation of any use of a
structure or premises which was in violation of any township ordinance on the
effective date of this Code.
(a) Nothing in this
Code or the ordinance adopting this Code affects the validity of any ordinance
or portion of any ordinance:
(1) Annexing property
into the township or describing the corporate limits.
(2) Deannexing
property or excluding property from the township.
(3) Promising or
guaranteeing the payment of money or authorizing the issuance of bonds or other
instruments of indebtedness.
(4) Authorizing or approving
any contract, deed, or agreement.
(5) Granting any right
or franchise.
(6) Making or
approving any appropriation or budget.
(7) Providing for the
duties of township officers or employees not codified in this Code.
(8) Providing for
salaries or other employee benefits.
(9) Adopting or
amending a comprehensive plan.
(10) Levying or imposing
any special assessment.
(11) Dedicating,
establishing, naming, locating, relocating, opening, paving, widening,
repairing or vacating any street, sidewalk or alley.
(12) Establishing the
grade of any street or sidewalk.
(13) Dedicating,
accepting or vacating any plat or subdivision.
(14) Not codified in
this Code that levies, imposes or otherwise relates to taxes, exemptions from
taxes and fees in lieu of taxes.
(15) Pertaining to
zoning.
(16) That is temporary,
although general in effect.
(17) That is special,
although permanent in effect.
(18) The purpose of
which has been accomplished.
(b) The ordinances or
portions of ordinances designated in subsection (a) of this section continue in
full force and effect to the same extent as if published at length in this
Code.
__________
*Cross references: Any ordinance authorizing or approving
any contract, deed, or agreement saved from repeal, § 1-12(4); any ordinance
making or approving any appropriation or budget saved from repeal, § 1-12(6);
community development, ch. 22; administration and enforcement of fire
prevention code, § 30-102; administration of subdivision regulations, § 34-69;
law enforcement, ch. 38; utilities, ch. 66.
State law references: Townships generally, MCL 41.1a et seq.;
open meetings act, MCL 15.261 et seq.; freedom of information act, MCL 15.231
et seq.
__________
Article
I. In General
Secs.
2-1--2-25. Reserved.
Article II. Township Board
Secs.
2-26--2-50. Reserved.
Article
III. Officers and Employees
Secs.
2-51--2-80. Reserved.
Article
IV. Employee Benefits
Division
1. Generally
Secs.
2-81--2-105. Reserved.
Division
2. Deferred Compensation
Sec.
2-106. Nonqualified deferred
compensation plan.
Sec.
2-107. Individuals covered.
Sec.
2-108. Administration and interpretation
of plan.
Sec.
2-109. Tax ramifications.
Sec.
2-110. Validity of previous agreements.
Secs.
2-111--2-130. Reserved.
Division
3. Group Insurance
Sec.
2-131. Plan established; authorization
to contract with companies.
Sec.
2-132. Types of insurance; persons
covered.
Sec.
2-133. Township contribution; written
notice to request noncoverage.
Sec.
2-134. Validity of existing insurance.
Secs.
2-135--2-160. Reserved.
Article
V. Boards and Commissions
Secs.
2-161--2-210. Reserved.
Article
VI. Finance
Division
1. Generally
Sec.
2-211. Fiscal year established.
Secs.
2-212--2-235. Reserved.
Division
2. Cost Recovery for Fire Services
Sec.
2-236. Definitions.
Sec.
2-237. Fees--Imposition.
Sec.
2-238. Same--Billing; date due.
Sec.
2-239. Same--Collection.
Sec.
2-240. Same--Use.
Secs.
2-241--2-265. Reserved.
Division
3. Cost Recovery for Emergency Services
Sec. 2-266. Purpose.
Sec.
2-267. Definitions.
Sec.
2-268. Presumptions of liability.
Sec.
2-269. Civil liability.
Sec.
2-270. Schedule of costs.
Sec.
2-271. Billing, collection of fees.
Secs. 2-1--2-25. Reserved.
__________
*State law references: Township board, MCL 41.70 et seq.;
township meetings, MCL 41.8 et seq.; standards of conduct and ethics, MCL
15.341 et seq.; open meetings act, MCL 15.261 et seq.; freedom of information
act, MCL 15.231 et seq.
__________
Secs. 2-26--2-50. Reserved.
__________
*Cross references: Any ordinance providing for the duties
of township officers or employees not codified in this Code saved from repeal,
§ 1-12(7); any ordinance providing for salaries or other employee benefits
saved from repeal, § 1-12(8); ordinance enforcement officer, § 38-66 et seq.
State law references: Township officers, MCL 41.61 et seq.;
standards of conduct and ethics, MCL 15.341 et seq.
__________
Secs. 2-51--2-80. Reserved.
Secs. 2-81--2-105.
Reserved.
The township hereby establishes a nonqualified deferred
compensation plan under section 457 of the Internal Revenue Code of 1954, as
amended, whereby an officer, official or employee of the township may be
eligible to defer that individual's compensation or a portion thereof, such
amounts deferred to be paid by the township or its agent to such officer,
official or employee or the individual's beneficiary according to the terms of
the agreement with the individual at a later date; such agreement shall be
entered into by the township supervisor and the township clerk in the name of
the township; such deferred compensation shall be for the purpose of providing
for the payment of the compensation in a different manner and at different
times thereby more effectively providing for the officer, official or
employee's retirement or death; such agreement shall be for the purpose of
deferring federal and state income tax liability on the deferred compensation
to the time of receipt by the officer, official or employee or such
individual's beneficiary.
(Comp. Ords. 1987, § 12.051)
All township officers, officials and employees who are employed
for more than 30 hours per week on a regular basis shall be eligible to
participate in the nonqualified deferred compensation plan established
hereunder and may elect to participate in the plan by entering into a written
deferred compensation agreement with the appropriate officials of the township,
which agreement shall be as set forth in exhibit A, which is on file in the
office of the township clerk and incorporated herein by reference.
(Comp. Ords. 1987, § 12.052)
The plan shall be administered by the township board. The board
shall represent the township in all matters concerning the administration of
the plan. The board or its authorized agent or official shall investigate,
review and approve any insurance company seeking to sell insurance, annuity or
mutual fund contracts under this plan. The board shall have full power and
authority to adopt rules and regulations for the administration of the plan,
provided that they are not inconsistent with the provisions of this division,
and to interpret, alter, amend or revoke any rules or regulations so adopted.
(Comp. Ords. 1987, § 12.053)
(a) It is the
intention of the township board that this nonqualified deferred compensation
plan and the agreement provided thereunder for the deferral of compensation
complies with section 457 of the Internal Revenue Code of 1954, as amended,
pertaining to state deferred compensation plans. The participant's compensation
which is deferred hereunder is intended to be nontaxable until actually
received by such officer, official or employee or such individual's
beneficiary. The administration of this nonqualified deferred compensation plan
and the operation and interpretation of the agreement provided thereunder shall
be done in such a manner so as not to result in the compensation deferred
thereunder becoming taxable before actual receipt thereof by the officer,
official or employee or such individual's beneficiary. Any provision contained
in this division which causes such deferred compensation to be taxed prior to
receipt thereof shall be deemed null and void. However, although it is the
opinion of the township that the nonqualified deferred compensation plan and
the agreement provided thereunder accomplishes the deferral of federal and
state income tax for compensation deferred thereunder, no guarantee is given to
any officer, official or employee or such individual's beneficiary as to its
tax status and the township hereby assumes no responsibility in the event of
any adverse tax determination to any officer, official or employeee or such
individual's beneficiary.
(b) Any provision of
this nonqualified deferred compensation plan, the agreement of any township
rules or regulations pertaining thereto adopted thereunder which are contrary
to the Internal Revenue Code of 1954 or regulations adopted thereunder shall be
deemed to be superseded by such Internal Revenue Code of 1954 or regulations
adopted thereunder.
(Comp. Ords. 1987, § 12.054)
The validity of any nonqualified deferred compensation agreements
made by township officers, officials or employees pursuant to any previous plan
shall not be affected by this division and plan, but such previously executed
nonqualified deferred compensation agreements shall be subject to the terms of
this division and plan.
(Comp. Ords. 1987, § 12.056)
Secs. 2-111--2-130.
Reserved.
Pursuant to section 110b of Public Act No. 77 of 1989 (MCL
41.110b), the township hereby creates and establishes a group insurance plan
covering health, hospitalization, medical and surgical service and expense,
accident insurance, and shortterm and longterm disability income insurance
coverage for its officers and employees. For such purposes, the township board
hereby authorizes the township supervisor and the township clerk to contract,
in the name of the township, subject to approval of the township board, with
any company or companies authorized to transact such business within the state
for such group insurance policies.
(a) Insurance for
township officers and employees is of five types described as follows:
(1) Group health,
hospitalization, medical and surgical service, and expense insurance.
(2) Group life and
accident insurance.
(3) Group dental
insurance.
(4) Group vision
insurance.
(5) Group shortterm
and longterm insurance.
(b) The types of group
insurance described in subsection (a) may be contracted separately and the
plans created, established and contracted for under this division shall cover
all members of the township board, all permanent full-time employees and the
dependents of such persons.
The township shall monthly contribute 100 percent of the portion
of the premium or charges arising under such group insurance contracts
described in section 2-132. Such township contribution shall be secured from
the general fund of the township, which may be reimbursed from other funds in
the same proportion as wages are paid from the same funds. Any person desiring
not to be so covered shall give written notice to the township clerk that he
desires not to be insured or covered, and if the notice is received before the
person has become insured or covered under the contract, he shall not be
covered thereunder. If the notice is received after the individual has become
insured or covered, his coverage under the contract shall cease as provided for
in the contract.
The township hereby ratifies and confirms the validity of any
life, health, hospitalization, medical and surgical service and expense,
accident insurance, shortterm and longterm disability income insurance
coverage, or any one or more of such forms of insurance in existence on the
effective date of this division.
Secs. 2-135--2-160.
Reserved.
__________
*Cross references: Construction board of appeals, § 14-28;
downtown development authority, § 22-51 et seq.; sidewalk board, § 58-32.
State law references: Standards of conduct and ethics, MCL
15.341 et seq.; open meetings act, MCL 15.261 et seq.; freedom of information
act, MCL 15.231 et seq.
__________
Secs. 2-161--2-210. Reserved.
__________
*Cross references: Any ordinance promising or guaranteeing
the payment of money or authorizing the issuance of bonds or other instruments
of indebtedness saved from repeal, § 1-12(3).
State law references: Municipal finance act, MCL 131.1 et
seq.; local government fiscal responsibility act, MCL 141.1201 et seq.; uniform
budgeting and accounting act, MCL 141.421 et seq.
__________
Commencing in 1979, the fiscal year of the township shall extend
from April 1 of each year until March 31 of the following year.
(Comp. Ords. 1987, § 12.001)
State law references: Authority to establish fiscal year, MCL
41.72.
Secs. 2-212--2-235.
Reserved.
The following words or phrases, when used in this division, are
defined as follows:
Emergency fire services means those fire services typically provided by a fire depar