Chapter 1
GENERAL PROVISIONS
1-1. Designation and citation of Code.
1-2. Rules of Code construction; definitions.
1-3. Authority of Code.
1-4. Territorial applicability.
1-5. Certified copy of Code admissible into evidence.
1-6. Acts by deputy or designee.
1-7. Official time.
1-8. Effective date of ordinance, amendment or repeal.
1-9. Code provisions as continuance of existing ordinances.
1-10. Effect of repeal of ordinances; revival.
1-11. Conflicting provisions.
1-12. References include amendments; construction.
1-13. Catchlines and headings; construction.
1-14. Interpretation of section numbers.
1-15. Continuing offenses.
1-16. Inspections and right of entry.
1-17. Search warrant or access warrant.
1-18. Prohibited acts include causing, permitting, concealing.
1-19. Notices to be written and in English language.
1-20. Notices; service and proof.
1-21. Fees schedule.
1-22. Severability of provisions.
1-23. Same offense punishable by different sections of the Code.
1-24. Refusal to issue licenses, permits or renewal thereof; suspension or revocation; procedure.
1-25. General penalty; subsequent violation; suspension or revocation of license or permit.
1-26. References and notes.
1-27. History notes.
1-28. Certain provisions saved from repeal.
1-29. Amendments to Code.
1-30. Supplementation of Code.
1-1 Designation and citation of Code.
The ordinances embraced in this and the following chapters and sections shall constitute and be designated as the “Municipal Code of Pontiac, Michigan,” and may be so cited. The Code may also be cited as the “Municipal Code” or, in the provisions which follow, as “this Code.”
(Code 1985, § 1-1)
State law reference—Codification authority, MCL 117.5b, MSA 5.2084(2).
1-2 Rules of Code construction; definitions.
In the construction of this Code and of all ordinances, the following rules of construction and definitions shall be observed, unless inconsistent with the manifest intent of the city council or the context clearly requires otherwise:
Administrative regulations. The words “administrative regulations” mean written orders which are issued by the mayor and compiled in a manual.
And/or. “And” may be read “or” and “or” may be read “and” if the sense requires it.
Bond. The word “bond” means an obligation in writing, binding the signatory to pay a sum certain upon the happening or failure of an event.
Building. The word “building” means any structure intended to have walls and a roof.
Business. The word “business” means any profession, trade, occupation and any other commercial enterprise conducted for monetary reward.
Charter. The word “Charter” means the Charter of the City of Pontiac.
City. The word “city” means the City of Pontiac, in the County of Oakland and State of Michigan.
City limits. The words “city limits” mean within the city and includes not only the corporate limits of the city, but also any property which it owns or which is under its jurisdiction.
Clerk. The word “clerk” means the city clerk.
Code. The term “Code” or “this Code” shall mean the Municipal Code of Pontiac, Michigan, as designated in section 1-1, and as hereinafter modified by amendment, revision and by the adoption of new chapters, articles, divisions or sections.
Council. The word “council” means the legislative and governing body of the city, the city council.
County. The word “county” means Oakland County, Michigan.
Definitions. Definitions given within a chapter or article apply only to words or phrases used in such chapter or article, unless otherwise provided.
Designee. The word “designee,” following an official of the city, means the authorized agent, employee or representative of such official.
Director. The word “director” means the chief executive officer of the office or department to which the particular division, bureau, board, agency or subordinate municipal administrative body has been assigned by the council or Charter.
Engineer. The word “engineer” means the city engineer.
Fire Chief. The term “fire chief” shall mean the Chief of the Waterford Township Fire Department or his designee, except in Chapter 92.
Fire Department. The term “fire department” shall mean the Waterford Township Fire Department, except in Chapter 92.
Fire Marshal. The term “fire marshal” shall mean the Fire Marshal of the Waterford Township Fire Department, except in Chapter 92.
Gender. Words in any section importing the masculine gender shall include the feminine and neuter as well as the masculine.
Health officer. The words “health officer” mean any person designated by the council or ordinance of the city to enforce any law, ordinance or regulation in the public health or sanitation field.
Joint authority. Joint authority means that authority given to several persons or officers. Such authority vests in a majority of such persons or officers.
Keeper. The word “keeper” means one in possession of or who has the care, custody or superintendence of a thing, place or business, whether or not the owner or proprietor, and includes any person, firm, association, corporation, club and copartnership whether acting by themselves or by a servant, agent or employee.
May. The word “may” is permissive and discretionary.
Mayor. The word “mayor” means the mayor of the city.
MCL, MSA. The abbreviations “MCL” and “MSA” refer to the Michigan Compiled Laws and Michigan Statutes Annotated respectively, as amended.
Month. The word “month” means a calendar month.
Number. Words used in the singular include the plural and the plural includes the singular.
Oath. The word “oath” means any form of attestation by which a person signifies that he is bound in conscience to perform an act or to speak faithfully and truthfully, and includes an affirmation or declaration in cases where by law an affirmation may be submitted for an oath.
Occupant. The word “occupant” means tenant or person in actual possession.
Officer, employee, department, board, commission or other agency. Whenever any officer, employee, department, board, commission, or other agency is referred to by title only, such reference shall be construed as if followed by the words “of the City of Pontiac, Michigan.” Whenever, by the provisions of this Code, any officer, employee, department, board, commission or other city agency of the city is assigned any duty or empowered to perform any act or duty, reference to such officer, employee, department, board, commission or agency shall mean and include such officer, employee, department, board, commission or agency, or any deputy or authorized subordinate.
Operate. The word “operate” means carry on, keep, conduct, maintain, manage, direct or superintend.
Ordinances. The word “ordinances” means the ordinances of the city and all amendments and supplements thereto.
Owner. The word “owner” means one who has complete dominion over particular property and who is the one in whom legal or equitable title rests; when applied to a building or land, “owner” means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, or joint tenant, of the whole or part of such building or land.
Person. The word “person” means any individual, natural person, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business, trust, organization, or any other group acting as a unit, or the manager, lessee, agent, servant, partner, member, director, officer or employee of any of them including an executor, administrator, trustee, receiver or other representative appointed according to law.
Personal property. The words “personal property” mean any money, goods, movable chattel, things in action, evidence of debt, all objects and rights which are capable of ownership, and every other species of property except real property.
Police Chief. The term “police chief” shall mean the Captain in charge of the Oakland County Sheriff’s substation in Pontiac, except in Chapter 92.
Police Department. The term “police department” shall mean the Oakland County Sheriff’s Office, except in Chapter 92.
Preceding, following. The words “preceding” and “following” mean next before and next after, respectively.
Proprietor. The word “proprietor” means an owner of the property or premises, including any person, firm, association, corporation, club, partnership or other group acting as a unit whether acting by themselves or by a servant, agent or employee.
Public place. The words “public place” mean any park, lake, stream, stadium, athletic field, playground, schoolyard, street, avenue, plaza, square, bus, train or railroad depot, station, terminal, cemetery, open space adjacent thereto or any other place commonly open to the public.
Real property. The words “real property” mean land, together with all things attached to the land so as to become a part thereof.
Shall, will. The words “shall” and “will” are mandatory.
Sidewalk. The word “sidewalk” means that portion of a street between the curbline and the adjacent property along the margin of a street or other highway, designed, constructed and intended for the use of pedestrians to the exclusion of vehicles.
Signature, subscription. The word “signature” or “subscription” means the name of a person, or the mark or symbol appended by him to a writing with intent to authenticate the instrument as one made or put into effect by him.
State. The word “state” means the State of Michigan.
State statutes or laws or public acts. The words “state statutes” or “laws” or “public acts” mean the latest published edition of the statutes or laws of Michigan, as amended, unless otherwise indicated.
Street. The word “street” means all streets, highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges and the approaches thereto, docks built on the public streets, alleys, courts, places, squares, curbs, sidewalks, recreation and park lands used for vehicular traffic, or other public ways or thoroughfares in the city over which it has jurisdiction, which have been or may be dedicated and open to public use, or such other public property so designated in any law of this state.
Tenant. The word “tenant” means any person occupying the premises, building or land of another in subordination to such other person’s title and with his express or implied assent, whether he occupies the whole or a part of such premises, building or land, whether alone or with others.
Tense. Words used in the past or present tense include the future, past and present where applicable unless the context clearly indicates otherwise.
Time. References to time mean an hour of the day according to the official time of the city.
Time of performance. Time of performance means the time within which an act is to be done as provided in any section or any order issued pursuant to any section, when expressed in days, and is computed by excluding the first and including the last day. If the last day is Sunday or a legal holiday, that day shall not be counted in the computation. When the time is expressed in hours, the whole of Sunday or a legal holiday from midnight to midnight is excluded.
Treasurer. The word “treasurer” means the city treasurer.
Watercourse. The word “watercourse” means any drain, ditch and stream, flowing in a definite direction or course in a bed with banks.
Week. The word “week” means seven days.
Words and phrases. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and others that have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such meaning.
Writing and written. The words “writing” and “written” mean any representation of words, letters or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.
Year. The word “year” means a calendar year except in cases where the fiscal year of the city is referred to or is clearly intended from the context.
(Code 1985, § 1-2; Ord. No. 2245, § 1, 1-24-12)
1-3 Authority of Code.
This Code is a revision and codification of the general ordinances of the City of Pontiac, Michigan, which have been enacted and published in accordance with the authority granted to the city by its Charter and the laws of the state.
(Code 1985, § 1-3)
1-4 Territorial applicability.
This Code shall refer only to the commission or omission of acts within the territorial limits of the city and to that territory outside this city over which the city has jurisdiction or control by virtue of any constitutional or Charter provisions, or any law.
(Code 1985, § 1-4)
1-5 Certified copy of Code admissible into evidence.
Any printed copy of this Code or any printed supplement thereto, published and certified according to law, shall be received in evidence in any court for the purpose of proving any Charter or ordinance provision therein contained with like effect and for the same purpose as the original ordinances, minutes or journals would be received.
(Code 1985, § 1-5)
1-6 Acts by deputy or designee.
Whenever a power is granted to or a duty is imposed upon a public officer or employee, the power may be performed by an authorized deputy or designee of such officer or employee, or by any person authorized pursuant to law or ordinances, unless this Code expressly provides otherwise.
(Code 1985, § 1-6)
1-7 Official time.
The official time for the city shall be the legal time of the state.
(Code 1985, § 1-7)
1-8 Effective date of ordinance, amendment or repeal.
No ordinance or amendment or repeal of any section thereof shall be operative, in full force and effect, until it has been adopted in the manner prescribed by law and the city Charter.
(Code 1985, § 1-8)
Charter reference—Ordinance procedure, § 3.112.
1-9 Code provisions as continuance of existing ordinances.
The provisions appearing in this Code, insofar as they relate to the same subject matter and are substantially the same as those ordinance provisions previously adopted by the city and existing on the effective date of this Code, shall be considered as restatements and continuations thereof and not as new enactments.
(Code 1985, § 1-9)
1-10 Effect of repeal of ordinances; revival.
(a) Neither the adoption of this Code nor the repeal hereby of any ordinance of this city shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date of this Code, nor be construed as a waiver of any license or penalty at the effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereof appertaining shall continue in full force and effect.
(b) Whenever any ordinance repealing a former ordinance, clause or provision is repealed, such repeal shall not be construed as reviving such former ordinance, clause or provision, unless expressly provided therein.
(Code 1985, § 1-10)
1-11 Conflicting provisions.
(a) If the provisions of different chapters, articles, divisions or sections of this Code conflict with or contravene each other, the provisions of each chapter, article, division or section shall prevail as to all matters and questions growing out of the subject matter of that chapter, article, division or section.
(b) If clearly conflicting provisions are found in different sections of the same chapter, the provisions of the section last enacted shall prevail unless the construction is inconsistent with the meaning of that chapter.
(Code 1985, § 1-11)
1-12 References include amendments; construction.
(a) Any reference in this Code to an ordinance or provision of this Code shall mean such ordinance or provision as may now exist or as hereafter amended.
(b) Any reference in this Code to chapters, articles, divisions or sections shall be to the chapters, articles, divisions and sections of this Code unless otherwise specified.
(Code 1985, § 1-12)
1-13 Catchlines and headings; construction.
All designations and headings of chapters, articles, divisions and sections are intended only for convenience in arrangement and as mere catchwords to indicate the contents of such chapters, articles, divisions or sections, whether printed in boldface type or italics. They shall not be deemed or taken to be any part or title of such chapters, articles, divisions or sections; nor, unless expressly so provided, shall they be so deemed upon amendment or reenactment; nor shall they be construed to govern, limit, modify, alter or in any other manner affect the scope, meaning or intent of any of the provisions of this Code.
(Code 1985, § 1-13)
1-14 Interpretation of section numbers.
In reading a section number from left to right, the digit or digits to the left of the dash designate the chapter number. The digit or digits to the right of the dash designate the section number within the chapter. Figures to the right of a decimal point indicate new chapters or sections inserted between existing chapters or sections. The decimal system shall be used to maintain the numerical order of this Code.
(Code 1985, § 1-14)
1-15 Continuing offenses.
Unless otherwise provided, each day any violation of this Code occurs or continues to exist shall constitute a separate offense.
(Code 1985, § 1-15)
1-16 Inspections and right of entry.
(a) All records, buildings and premises subject to inspection under this Code shall be inspected from time to time by the designated officer of the city or his designee.
(b) All records, rooms and areas of a building or premises shall be available and accessible for inspection, which shall be made during usual business hours if the premises are used for nonresidential purposes; provided, however, that inspections may be made at other times if:
(1) The premises are not available during the usual business hours for inspection;
(2) There is reason to believe that violations are occurring on the premises which can only be apprehended and proved by inspection during other than the prescribed hours; or
(3) There is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
(c) Emergency inspections may be authorized without warrant if the designated officer has reason to believe that a condition exists which poses an immediate threat to life, health or safety. Such procedure shall take place only where the time required to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition.
(d) Where the designated officer or his designee is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this section and subject to the penalties set out in this chapter.
(Code 1985, § 1-16)
Decisional law references—Inspection of private residences, Camara v. Municipal Court of San Francisco, 387 U.S. 523(1967); commercial buildings, See v. Seattle, 387 U.S. 541(1967); emergency inspections, Patrick v. State, 227 A.2d 486(1967), and North American Cold Storage Co. v. Chicago, 211 U.S. 306(1908).
1-17 Search warrant or access warrant.
(a) Any officer designated by the city to inspect a premises may, upon affidavit, apply to the judge of competent jurisdiction for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Code may exist, including one or more of the following:
(1) That the premises or records require inspection according to the cycle established by the inspecting officer or the council for periodic inspections of records, buildings or premises of the type involved;
(2) That observation of external conditions of the premises and its public areas has resulted in the belief that violations of this Code exist.
(b) If the judge of competent jurisdiction is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
(Code 1985, § 1-17)
1-18 Prohibited acts include causing, permitting, concealing.
Whenever in this Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
(Code 1985, § 1-18)
1-19 Notices to be written and in English language.
All notices, reports, statements, applications or records required or authorized by this Code shall be made in writing in the English language unless specifically provided otherwise.
(Code 1985, § 1-19)
1-20 Notices; service and proof.
(a) Unless otherwise specifically provided, whenever a notice is required to be given pursuant to any section of this Code, such notice shall be given either by personal delivery to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his last known business or residence address as the same appears in the public records or other records pertaining to the matter for which such notice is served, or by any other method of delivery approved by law. Service by mail shall be deemed to have been completed at the time of deposit in the post office or any United States mailbox.
(b) Proof of giving any notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of 18 years who actually accomplished personal service in conformity with this Code or other provisions of law applicable to the subject matter concerned, or by a return receipt signed by the recipient notified by United States mail.
(Code 1985, § 1-20)
1-21 Fees schedule.
A copy of the schedule containing a listing of the fees set by resolution of the council shall be available through the clerk’s office for public inspection and use.
(Code 1985, § 1-21)
1-22 Severability of provisions.
It is declared to be the intention of the city council that the sections, subsections, paragraphs, sentences, clauses and words of this Code are severable. If any section, subsection, paragraph, sentence, clause or word is declared unconstitutional or otherwise invalid by the lawful judgment or decree of any court of competent jurisdiction, its unconstitutionality or invalidity shall not affect the validity of any of the remaining sections, subsections, paragraphs, sentences, clauses and words of this Code, since the sections or parts of sections would have been enacted by the council without and irrespective of any unconstitutional or otherwise invalid section, subsection, paragraph, sentence, clause or word being incorporated into this Code.
(Code 1985, § 1-22)
1-23 Same offense punishable by different sections of the Code.
In all cases where the same offense is made punishable or is created by different sections of this Code, the director of the department of law may elect under which to proceed, but not more than one recovery or judgment shall be had against the same person for the same offense.
(Code 1985, § 1-23)
1-24 Refusal to issue licenses, permits or renewal thereof; suspension or revocation; procedure.
(a) The city may refuse to issue a license or permit, or grant a renewal thereof, unless otherwise provided in this Code, for any of the following reasons:
(1) Any fraud, misrepresentations or false statements contained in the application for permit or license.
(2) Conviction of the applicant of a crime violating any law of the city, state or federal government, including, but not limited to, theft, fraud, and receiving stolen property, and excluding misdemeanor traffic violations, where such crime has a reasonable and significant relationship to the purpose and scope of the permit or license, and where it has occurred within the last three years from the date of application.
(3) Any violation of an applicable building, fire, health, safety, licensing or zoning code or ordinance, where such violation exists on the premises of the proposed licensed or permitted activity.
(4) Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares, or services.
(5) Conducting the licensed or permitted activity under this Code and/or any ordinance in a manner as to constitute a menace to the health, safety, morals or general welfare of the public.
(b) The city may suspend or revoke the licenses or permits issued pursuant to this Code, unless otherwise provided in this Code, after notice and hearing, for any of the following reasons:
(1) Any fraud, misrepresentation or false statement later discovered contained in the application for permit or license.
(2) Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or services.
(3) Conviction of the licensee or permittee of a crime violating any law of the city, state or federal government, including but not limited to fraud and receiving stolen property, and excluding misdemeanor traffic violations, where such crime has a reasonable and significant relationship to the purpose and scope of the license or permit, and where it has occurred during the effective period of such license or permit.
(4) Conducting the licensed or permitted activity under this Code and/or any ordinance in a manner as to constitute a menace to the health, safety, morals or general welfare of the public.
(5) Any violation of an applicable building, fire, health, safety, licensing or zoning code or ordinance, where such violation exists on the premises of the licensed or permitted activity.
(c) In case of suspension or revocation of a license or permit, the notice of hearing for such shall be in writing by the clerk. Such notice shall set forth specifically the grounds of the complaint and the time and place of the hearing. Service of such notice shall be made by either personal service or by certified mail, return receipt requested, to the licensee or permittee at the last known address at least ten days prior to the date set for the hearing.
(d) Unless a different procedure is specified for a particular license issued under the Municipal Code of Pontiac, any person whose application for a license or permit is denied shall have the right to a hearing before the city council, provided a written request therefor is filed with the clerk within ten days following the denial of application for a license or permit.
(e) In case of either refusal to issue a permit or license or the suspension or revocation of a license or permit, no portion of the application, license or permit fee shall be returned to the applicant, licensee or permittee unless otherwise provided in this Code and/or in any ordinance of the city.
(f) Any suspension or revocation of a license or permit shall be in addition to any penalty or fine as prescribed in this Code and/or in any ordinance of the city.
(g) The order of the council or such other authorized official, department, board or agency, where applicable, following the appropriate notice and hearing, shall be the final municipal action for the purpose of judicial review.
(Code 1985, § 1-24)
1-25 General penalty; subsequent violation; suspension or revocation of license or permit.
(a) Whenever in this Code or in any ordinance of the city any act or failure to do a required act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine not exceeding $500.00 or by imprisonment in the city or county jail or other place of legal incarceration for not more than 90 days, or by both such fine and imprisonment, in the discretion of the court.
(b) Whenever in this Code or in any ordinance there is no provision for a greater penalty for a second or subsequent conviction for a violation of this Code, any person who has previously been convicted of the same violation shall be subject to a fine of not less than $500.00 and/or 90 days imprisonment.
(c) If the penalty for a particular offense is limited by state statute, then such limitation shall be applicable to the provisions of this Code and other ordinances of the city, notwithstanding the provisions of the section.
(d) The suspension or revocation of any license, certificate or other privilege conferred by the city shall not be regarded as a penalty for the purposes of this Code but shall be in addition thereto.
(Code 1985, § 1-25)
1-26 References and notes.
Charter references, cross references, state law references and editor’s notes are by way of explanation only and should not be deemed a part of the text of any section.
1-27 History notes.
The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.
1-28 Certain provisions saved from repeal.
Nothing in this Code or the ordinance adopting this Code shall affect the following when not inconsistent with this Code:
(1) Any offense committed or penalty incurred or any right established prior to the effective date of the Code;
(2) Any ordinance levying annual taxes;
(3) Any ordinance appropriating money;
(4) Any ordinance authorizing the issuance of bonds or borrowing of money;
(5) Any ordinance establishing utility rates;
(6) Any ordinance establishing franchises or granting special rights to certain persons;
(7) Any ordinance authorizing public improvements;
(8) Any ordinance authorizing the purchase or sale of real or personal property;
(9) Any ordinance annexing or detaching territory;
(10) Any ordinance granting or accepting easements, plats or dedication of land to public use;
(11) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city;
(12) Any ordinance establishing or prescribing grades in the city;
(13) Any ordinance prescribing the number, classification or compensation of any city officers or employees;
(14) Any ordinance prescribing traffic and parking restrictions pertaining to specific streets;
(15) Any ordinance pertaining to zoning;
(16) Any other ordinance, or part thereof, which is not of a general and permanent nature; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the city clerk’s office.
1-29 Amendments to Code.
(a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby, and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the city council.
(b) Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in substantially the following language: “That section _________ of the Municipal Code of Pontiac, Michigan, is hereby amended to read as follows:....” The new provisions may then be set out in full as desired.
(c) If a new section not heretofore existing in the Code is to be added, the following language may be used: “That the Municipal Code of Pontiac, Michigan, is hereby amended by adding a section (or article or chapter) to be numbered as follows:..., which said section shall read as follows:....” The new section may then be set out in full as desired.
(d) When the city council desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the Code, which the council desires to incorporate into the Code, a section in substantially the following language may be made a part of the ordinance: “Section _________. It is the intention of the city council and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Municipal Code of Pontiac, Michigan, and the sections of this ordinance may be renumbered to accomplish such intention.”
(e) All sections, articles, chapters or provisions of this Code desired to be repealed should be specifically repealed by section number or chapter number, as the case may be.
1-30 Supplementation of Code.
(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the 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 a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and 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 codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions.
(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles.
(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers.
(4) Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this division,” etc., as the case may be, or to “sections _________ to _________“ (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code).
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.