CODE OF ORDINANCES OF THE CITY OF SWARTZ CREEK, MICHIGAN

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Published in 2008 by Order of the City Council

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Adopted: February 25, 2008

Effective: April 1, 2008

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CURRENT OFFICIALS

of the

CITY OF SWARTZ CREEK, MICHIGAN

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David Krueger
Mayor

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Dennis Pinkston
Mayor Pro Tem

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John Gilbert
Rae Lynn Hicks
Jentery Farmer
Dennis Cramer
Angie Root
Councilmembers

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Michael Gildner
City Attorney

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Connie Eskew
City Clerk

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Adam Zettel
City Manager

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Deanna Korth
City Treasurer

OFFICIALS

of the

CITY OF SWARTZ CREEK, MICHIGAN

AT THE TIME OF THIS REPUBLICATION

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Richard Abrams
Mayor

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Jason Christie
Mayor Pro Tem

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Donald Adams
Rae Lynn Hicks
C. David Hurt
Curtis A. Porath
Michael Shumaker
Councilmembers

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Richard Figura
City Attorney

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Juanita Aguilar
City Clerk

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Paul Bueche
City Manager

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Deanna Korth
City Treasurer

PREFACE

This Code is a codification of the ordinances of Swartz Creek of a general and permanent nature.

Source materials used in the preparation of the Code were the ordinances adopted by the council through August 24, 1987. 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 volume, the reader can locate any section of any 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. Footnotes which tie related sections of the Code together and which refer to relevant state laws 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 volume.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 4 is numbered 4-1 and the third section of Chapter 1 is 1-3. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of one section that would logically come between sections 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. 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 being assigned to the article or division.

Indices

The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within each index which stand as guideposts to direct the user to the particular item in which he is interested.

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Successfully keeping this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets 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 publishers 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

The publication of this Code was under the direct supervision of W. Eric Grant, Vice President, Anne Wilson and Janet Cramer, Editors, 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 publishers are most grateful to Ms. Mary Jo Clark, City Clerk, and Mr. Adam Zettel, Assistant City Manager, for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publishers have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

CITY OF SWARTZ CREEK
SWARTZ CREEK, MICHIGAN

CITY COUNCIL
CERTIFIED RESOLUTION NO. 080225-06

Adopt Ordinance #399, Codification of the City's Code of Ordinances

I Move the City of Swartz Creek adopt Ordinance #399, An Ordinance Adopting and Enacting a New Code of Ordinances for the City of Swartz Creek, Michigan; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing Penalties and sanctions for the Violation Thereof; Providing for the Manner of Amending Such Code and Providing When Such Code and This Ordinance Shall Become Effective, as follows:

CITY OF SWARTZ CREEK

Ordinance No. 399

An Ordinance Adopting and Enacting a New Code of Ordinances for the City of Swartz Creek, Michigan; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing Penalties and sanctions for the Violation Thereof; Providing for the Manner of Amending Such Code and Providing When Such Code and This Ordinance Shall Become Effective.

The City of Swartz Creek Ordains:

Section 1. The Code entitled "Code of Ordinances of the City of Swartz Creek, Michigan," published by Municipal Code Corporation consisting of the City Charter Sections 1 to 15, City Ordinances Chapters 1 to 20 and Appendices A & B, each inclusive, is hereby adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before June 30, 2007, and not included in the Code or recognized and continued in force by reference therein are repealed.

Section 3. 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 which is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, and except for those provisions the violation of which is designated to be a municipal civil infraction, 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 five hundred dollars ($500.00), or imprisonment for a term not exceeding ninety (90) days, or both. 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 enacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

Section 5. As to those provisions of the Code the violation of which is a municipal civil infarction, the penalties and sanctions for such violation are those set forth in said Code and/or those provided by state law. In addition to such penalties and sanctions, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

Section 6. Any and all additions and amendments to the Code, when passed in the form as to indicate the intention of the council to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code shall be understood and intended to include the additions and amendments.

Section 7. Ordinances adopted on or after July 01, 2007, 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 being adopted hereby

Section 8. This ordinance shall take effect on April 1, 2008

Moved: Councilmember Hurt

Second: Mayor Pro-Tem Christie

Voting For: Shumaker, Abrams, Adams, Christie, Hicks, Hurt, Porath

Voting Against: None

Absent: None

The Mayor declared the ordinance adopted.

/s/         Richard Abrams       Mayor

	/s/         Juanita Aguilar       City Clerk

CERTIFICATION

The foregoing is a true copy of Ordinance No. 399 which was enacted by the Swartz Creek City Council at a regular meeting held on the 25 ^TH day of February, 2008.

/s/         Juanita Aguilar       City Clerk

Publish Date:
Paper: The Swartz Creek News
Effective Date: April 1, 2008