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Enacting
clause.
143. Section 1.
The enacting clause of all ordinances shall read, "The
City of Wyandotte ordains," but such caption may be omitted when the
ordinances are published in book form or are revised and digested by
authority of the council.
Vote
necessary for adoption.
144. Section 2.
The adoption of any ordinance by the council shall
require for its passage the concurrence of a majority of all the members
(elect) of the council.
Effective
date; passage on day of introduction.
145. Section 3.
The time when any ordinance shall take effect shall be
prescribed therein, which time shall not be less than fifteen (15) days
from the date of its passage, except emergency ordinances, which may be
given immediate effect. No ordinance shall be finally passed on the day it
is introduced except in case of public emergency. An emergency ordinance
shall be defined to be one necessary for the immediate preservation of the
public peace, property, health, safety or providing for the usual daily
operation of a department and which contains a statement of its urgency.
Signing, recording
and authentication.
146. Section 4.
Immediately upon the final passage of any ordinance the
mayor and clerk shall sign the same under a certificate of the day and
date of its passage. All ordinances shall be recorded in an index book
marked "Ordinance Record;" and the record of each ordinance shall be
authenticated by the signature of the mayor and clerk. Such recording and
authentication shall be done within one week after the final * State law
reference—General authority relative to adoption of ordinances, passage of
any ordinance, but failure so to record and authenticate an ordinance
shall not invalidate it or suspend its operation.
Publication,
certificate by clerk.
147. Section 5.
All ordinances shall be published once within ten (10)
days of their passage, in a newspaper printed and circulated within the
city, and the clerk shall certify on the record of ordinances the date of
publication and the newspaper in which any ordinance was so published; and
such certificate shall be prima facie evidence that legal publication of
an ordinance has been made.
State law references—Mandatory
that charter provide for the publication of all ordinances before they
become operative, MCL § 117.3(k), MSA § 5.2073(k); authority to adopt
technical codes by reference, MCL § 117.3(k), MSA § 5.2073(k); authority
to codify ordinances, MCL § 117.5b, MSA § 5.2084(2).
Revival of repealed
ordinances; amendments.
148. Section 6.
No repealed ordinances shall be revived unless the
whole or so much as is intended to be revived shall be re-enacted. When
any section or part of a section of any ordinance is amended, the whole
section as amended shall be re-enacted.
State law reference—Authority to codify ordinances, MCL §
117.5b, MSA § 5.2084(2).
Prosecutions
for violations.
149. Section 7.
Prosecutions for violation of any ordinance of the city
shall be commenced within two (2) years after the commission of the
offense; provided that the limitations herein imposed shall only apply to
violations penal in their nature, and shall not be construed as a
limitation of the city's right to forfeit any franchise, grant or license
for violation of the terms and conditions thereof, after said two (2) year
period.
Commencement of and
prosecution for ordinance violations.
150. Section 8.
Prosecutions for violations of the ordinances of the
city may be commenced by warrant, and all process in such cases shall be
in the name of "The People of the State of Michigan." The practice in such
cases shall be the same, as near as may be, as in criminal cases
cognizable by justices of the peace under the general laws of the state,
except as herein otherwise provided.
Service of process
for ordinance violations.
151. Section 9.
All process issued in any prosecution or proceeding for
the violation of any ordinance, shall be directed to any police officer of
the city, or County of Wayne, and may be executed in any part of the state
by said officer or any other officer authorized by law to serve process
issued by a justice of the peace [district judge].
Editor's note—Justices of the peace have been abolished, see
MCL § 600.9921, MSA § 27A.9921.
Pleading ordinances.
152. Section 10.
In all judicial proceedings it shall not be necessary
to plead an entire ordinance or section, but it shall be sufficient to
plead any ordinance by title and the number of section or sections
violated.
Judicial
notice of ordinances.
153. Section 11.
Judicial notice shall be taken of the enactment,
existence, provisions and continuing force of all ordinances of the city.
Proof
of records in court.
154. Section 12.
Whenever it shall be necessary to prove any ordinance
or resolution of the council in any judicial proceedings, the same may be
proved from the record thereof kept by the clerk, by a copy thereof duly
certified by the clerk under the seal of the city, or from any volume
purporting to have been published, printed and compiled by authority of
the council.
155. Section 13.
Editor's note—This paragraph, dealing with jurisdiction of the
justice of the peace over ordinance violations has been deleted as
justices of the peace have been abolished. See MCL § 600.9921, MSA §
27A.9921.
Penalty
for violation.
156. Section 14.
The penalty for the violation of any city law or
ordinance shall not exceed a fine of five hundred dollars ($500.00) or
imprisonment in the city prison, county jail or in any work house in the
state, authorized by ordinance to receive prisoners from the city, for
more than ninety (90) days or both in the discretion of the court.
State law reference—Limitation on penalties, MCL § 117.4i(10),
MSA § 5.2082(10).
Ordinances to remain
in force.
157. Section 15.
All ordinances, regulations and resolutions in force at
the time this charter shall take effect and not inconsistent with the
provisions thereof, shall remain and be in force until amended, modified
or repealed.
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