The Charter Township of Vienna

Ordinance Adopting Code of Ordinances

Number___________

Adopted___________

Effective___________

THE CHARTER TOWNSHIP OF VIENNA ORDAINS:

Article I - Title and Statement of Purpose

1.01 Title: This ordinance shall be known as Vienna Township Ordinance Adopting Code of Ordinances and may be so cited.

1.02 Statement of Purpose: The purpose of this Ordinance shall be to:

A. Adopt and enact a new Code for the Charter Township of Vienna;

B. Provide for the repeal of certain ordinances that are not included in the new Code;

C. Provide for the enforcement and for penalties for the violation the Code;

D. Provide for the manner of amending the Code;

E. Provide for when the Code and this Ordinance become effective.

Article II - Definitions

2.00 Code: Code means the Code of Ordinances, Charter Township of Vienna, Michigan.

Article III - Adoption of Code of Ordinances

3.01 Adoption of Building Code: The Code entitled “Code of Ordinances, Charter Township of Vienna, Michigan,” published by the Municipal Code Corporation, which consists of Chapters 1 through 34, each inclusive, is adopted.

3.02 Adoption of Zoning Ordinance: The Charter Township of Vienna Zoning Ordinance is adopted as Appendix A of the Code of Ordinances, Charter Township of Vienna, Michigan.

Article IV – Repeal of Prior Ordinances

4.01 Repealer: Subject to Paragraph 4.02, all ordinances of a general and permanent nature adopted on or before August 6, 2007, and not included in the Code or recognized and continued in force by reference therein, are repealed.

4.02 Prior Ordinances Not Revived: The repeal provided in Paragraph 4.01 shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this Ordinance.

Article V - Penalties and Other Remedies

5.01 Misdemeanor: Unless another penalty is expressly provided, any person who violates any provision of the Code shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $500 and the cost of prosecution, or in default of payment thereof, by imprisonment in the County Jail for a period not exceeding 90 days, or by both such fine and imprisonment as ordered by the Court in its discretion. Each day that a violation continues shall be deemed a separate offense.

5.02 Right and Remedies are Cumulative: The rights and remedies provided in the Code are cumulative and are in addition to any other remedy provided by law.

5.03 Nuisance: The use of any land located in Vienna Township which is done in violation of the Code is hereby declared to be a public nuisance, per se, and may be abated by order of any court of competent jurisdiction.

5.04 Injunction: In addition to the Penalties and Remedies set forth in this Article V, the Vienna Township Board, or any member thereof, may institute proceedings to enjoin any violation of the provisions of the Code.

5.05 Revocation of Licenses and Permits: In addition to the Penalties and Remedies set forth in this Article V, the Vienna Township Clerk may revoke any license or any permit issued by Vienna Township for the violation of a provision of the Code.

Article VI - Validity and Severability

6.00 This Ordinance, and the various Articles, paragraphs and subparagraphs, are hereby declared to be severable, and if any Article, paragraph, or sub-paragraph is adjudged unconstitutional or invalid, it is hereby declared that the remainder of this Ordinance shall not be affected thereby.

Article VII – Later Ordinances, Code Additions or Amendments

7.01 Later Ordinances: Ordinances adopted after August 6, 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 in the Code.

7.02 Code Additions or Amendments: Additions or amendments to the Code, Michigan, when adopted by Ordinance in a form so as to indicate the intention of the Vienna Township Board to make the same a part of the Code shall be deemed to be incorporated therein, so that reference to the Code includes the additions and amendments thereof.

Article VIII - Effective Date

8.00 This Ordinance shall become effective the __________ day of ______________________, 2008, following publication thereof in the Genesee County Herald, a newspaper circulating within Vienna Township.

CERTIFICATION:

We, the undersigned, being respectively the Township Supervisor and Township Clerk of Vienna Charter Township, Genesee County, Michigan, do hereby certify that the above Vienna Township Ordinance No. ___________ was duly adopted by the Township Board of the Charter Township of Vienna, at which meeting a quorum was present.

____________________________ _____________________________

Anthony McKerchie, Supervisor Richard Scott, Clerk