City Charter Chapter 7

CHAPTER 7. LEGISLATION*

*State law reference(s)--Mandatory that Charter provide for body vested with legislative power, MCL 117.3(a), MSA 5.2073(a).

Section 7.1. Prior city legislation

All valid bylaws, ordinances, resolutions, rules and regulations of the City which are not inconsistent with this charter and which are in force and effect at the time of the effective date of this charter shall continue in full force and effect until repealed or amended.

Those provisions of any effective valid bylaw, ordinance, resolution, rule or regulation which are inconsistent with this charter are hereby repealed.

Section 7.2. Ordinances and resolutions

All official action of the Council shall be by ordinance, resolution, motion or order. Action by resolution, motion or order shall be limited to matters required or permitted to be so done by this charter or by state or federal law or pertaining to the internal affairs or concerns of the City government. All other acts of the Council and all acts carrying a penalty for the violation thereof, shall be by ordinance. Each ordinance shall be identified by a short title and by a number and a code section number when the codification of ordinances is completed.

Each proposed ordinance shall be introduced in written or printed form. The style of all ordinances shall be: "The City of South Haven Ordains:''.

State law reference(s)--Mandatory that Charter provide for ordinances, MCL 117.3(k), MSA 5.2073(k); general authority relative to adoption of ordinances, Mich. Const. 1963, Art. VII, § 22.

Section 7.3. Enactment, amendment, repeal of effective date of ordinances

Subject to state law and to the exceptions which follow:

(a) Ordinances may be enacted by the affirmative vote of not less than four (4) members of the Council;

(b) No ordinance shall be amended or repealed except by an ordinance adopted as aforesaid;

(c) No ordinance shall be enacted at the meeting at which it is introduced nor until after publication of the proceedings or summary thereof of such meeting (which proceedings or summary shall include a statement of its title and purpose);

(d) The effective date of all ordinances shall be prescribed therein but the effective date shall not be earlier than ten (10) days after enactment and not before publication thereof.

It is provided, however, that an ordinance which is declared therein to be an emergency ordinace which is immediately necessary for the preservation of the public peace, health or safety may be enacted at the meeting at which it is introduced or before publication of the proceedings of the meeting at which it is introduced, or may be given earlier effect than ten (10) days after its enactment, or all three, (3) by five (5) affirmative votes if six (6) or seven (7) members of the Council are present at the meeting at which it is enacted or by four (4) affirmative votes if four (4) or five (5) members of the Council are present at the meeting at which it is enacted.

In case an ordinance is given effect earlier that ten (10) days after enactment, the requirements for publication before such ordinance becomes operative may be met by posting copies thereof in conspicuous locations in three (3) public places in the City, other provisions of this charter notwithstanding. The Clerk shall, immediately after such posting, enter in the Ordinance Book under the record of the ordinance a certificate under his/her hand stating the time and place of such pulication by posting, which certificate shall be prima facie evidence of such publication by posting of the ordinace, but the failure to so record and authenticate such ordinace shall not invalidate it or suspend its operation. Such ordinace shall also be published in accordance with Section 7.4 but not as a requirement for the effectiveness thereof.

No ordinance granting any public utilities franchise shall be enacted except in accordance with the provisions of Section 14.2.

No ordinance shall be amended by reference to its title only, but the revised sections of the ordinance, as amended, shall be re-enacted and published in full. An ordinance or section thereof may be repealed, however, by reference to its title and ordinance or code number only.

Section 7.4. Publication and recording of ordinances

Each ordinance shall be published within ten (10) days after its enactment. The full text thereof shall be published in a newspaper as defined in Section 15.4 either separately or as part of the published Council proceedings.

All ordinances shall be recorded by the Clerk in a book to be called "The Ordinance Book'', and it shall be the duty of the Mayor and Clerk to authenticate such records by his/her official signatures thereon, but the failure to so record and authenticate such ordinance shall not invalidate or suspend its operations.

State law reference(s)--Mandatory that Charter provide for the publication of ordinances before they become operative, MCL 117.3(k), MSA 5.2073(k).

Section 7.5. Penalties for violations of ordinances

Any ordinance may provide for the punishment of those who violate its provisions. All such punishments provided in any ordinance shall be limited to the extent permitted by state law.

State law reference(s)--Limitation on penalties, MCL 117.4i(k), MSA 5.2082(k).

Section 7.6. Special requirements for certain commission actions

(a) Action to vacate, discontinue or abolish any highway, street, lane, alley or other public place, or part thereof, shall be subject to the provisions of state law and shall be by resolution. After the introduction of such resolution and before its final adoption, the Council shall hold a public hearing pursuant to notice, and shall publish notices of such hearing at least two (2) weeks prior.

(b) The following actions shall require the affirmative vote of four (4) members of the Council to become effective:

(1) Vacating, discontinuing or abolishing any highway, street, lane, alley or other public place or part thereof;

(2) Purchasing or leasing of any real estate or interest therein for City use;

(3) Authorizing the condemning of private property for public use;

(4) Creating or abolishing any office;

(5) Appropriating any money;

(6) Imposing any tax or assessment;

(7) Reconsidering or rescinding any vote of the Council;

(8) Selling or leasing of any City-owned real estate or interest therein which action shall be by public bid only.

Section 7.7. Technical codes

The Council may adopt in whole or in part any provision of state law or any detailed technical regulations as a City ordinance or code by citation of such provision of state law or by reference to any recognized standard code, official or unofficial, provided that any such provision of state law or recognized official or unofficial standard code shall be clearly identified in the ordinance adopting it. The adoption of such codes shall comply with all applicable statutory procedures and requirements. In addition to any statutory requirement for adoption of codes:

(1) The ordinance adopting such code shall cite such code and be published in the manner provided for the publication of other ordinances;

(2) Copies of the code so adopted shall be available to the public for inspection and in book or booklet form for purchase at a reasonable charge.

State law reference(s)--Authority to adopt technical codes by reference, MCL 117.3(k), MSA 5.2073(k).

Section 7.8. Severability of ordinances

If any portion of an ordinance or its application shall be found to be invalid by a court, all remaining portions or applications of the ordinance shall remain valid and in effect unless otherwise expressly prohibited. To this end, ordinances are declared to be severable.

Section 7.9. Codification of ordinances

Immediately after the effective date of this charter, the Council shall within six (6) months direct and complete the codification of all ordinances of the City. The Council shall also provide for the codification of subsequent ordinances and amendments annually so that the published code will be maintained in current form.

The Council shall provide for copies of this code to be made available for public inspection and for public distribution at a reasonable charge and publish notice of availability of the codification. Such printing and making available of the codification and notice thereof shall constitute publication of any such codification, other provisions of this charter for publication notwithstanding.

The copies of the ordinances and of the codification thereof, and of provisions adopted by reference in accordance with Section 7.7 may be certified by the Clerk and, when so certified, shall be competent evidence in all courts and other legally established tribunals as to the matter contained therein.

State law reference(s)--Authority to codify, MCL 117.5b, MSA 5.2084(2).

Section 7.10. Initiative and referendum

To the extent permitted by state law, an ordinance may be initiated by petition, or a referendum on an enacted ordinance may be initiated by petition.

State law reference(s)--Permissible that Charter provide for initiative and referendum, MCL 117.4i(g), MSA 5.2082(g).

Section 7.11. Initiatory and referendary petitions

An initiatory or a referendary petition shall:

(a) Be signed by not less than ten (10) percent of the registered electors of the City, as of the date of the last regular City Election, and all signatures shall be obtained within twenty-one (21) days before the date of filing the petition with the Clerk. Each signer of a petition shall sign his or her name and address, along with the date of signature;

(b) Be addressed to the Council and may be the aggregate of two (2) or more petition papers identical as to contents and simultaneously filed by one person;

(c) An initiatory petition shall set forth in full the ordinance it proposes to initiate, and no petition shall initiate more than one (1) ordinance. A referendary petition shall identify the ordinance or part of it, or code sections it proposes to repeal;

(d) Have attached a sworn affidavit by the circulator of the petition, stating the number of signers and that each signature is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant;

(e) Be filed with the Clerk who shall, within fifteen (15) days, canvass the signatures. If the petition does not contain a sufficient number of signatures, the Clerk shall notify the person filing such petition and fifteen (15) days from such notification shall be allowed for the filing of supplemental signatures.

When a petition with sufficient signatures is filed within the time allowed by this section, the Clerk shall present the petition to the Council at its next regular meeting.

Section 7.12. Council procedure on initiatory and referendary petitions

Upon the presentation to the Council of an initiatory or referendary petition by the Clerk, the Council shall, within thirty (30) days, unless otherwise provided by state law, either:

(a) Adopt the ordinance as submitted by an initiatory petition;

(b) Repeal the ordinance, or part thereof, referred to by a referendary petition; or

Section 7.13. Submission of initiatory and referendary ordinances to electors

Should the Council decide to submit the proposal to the electors, it shall be submitted at the next election held in the City for any other purpose, or in the discretion of the Council at a special election called for that purpose. In the case of an initiatory petition, if no election is scheduled in the City for any other purpose within one hundred fifty (150) days from the time the petition is presented to the Council, and the Council does not enact the ordinance, then the Council shall call a special election within sixty (60) days from the date of the presentation of the initiative. The result of all elections held under the provisions of this section shall be determined by a majority vote of the electors voting unless otherwise required by state law.

Section 7.14. Ordinance suspended; miscellaneous provisions on initiatory and referendary petitions

(a) The presentation to the Council by the Clerk of a valid and sufficient referendary petition containing a number of signatures equal to at least twenty-five (25) percent of the registered electors of the City, as of the date of the last regular City Election, which signatures have been obtained within sixty (60) days before the date of filing the petition with the Clerk shall automatically suspend the operation of the ordinance in question pending repeal by the Council or final determination by the electors.

(b) An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed for a period of one (1) year after the date of the election, and an ordinance repealed by the electorate may not be reenacted for a period of one (1) year after the date of the election; provided, however, that any ordinance may be adopted, amended or repealed at any time by appropriate referendum or initiatory procedure in accordance with this charter or if submitted to the electorate by the Council on its own motion.

(c) If two (2) or more ordinances adopted at the same election shall have conflicting provisions, the ordinance receiving the highest number of affirmative votes shall govern.