CODE OF ORDINANCES CITY OF YPSILANTI, MICHIGAN
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Republished in 2004 by Order of the City Council
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CURRENT OFFICIALS
of the
CITY OF
YPSILANTI, MICHIGAN
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Amanda Edmonds
Mayor
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Lois E. Richardson
Mayor Pro Tem____________
Anne Brown
Nicole Brown
Peter Murdock
Brian Robb
Daniel Vogt
City Council
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Ralph Lange
City Manager
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John M. Barr
City Attorney
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Frances M. McMullan
City Clerk
OFFICIALS
of the
CITY OF
YPSILANTI, MICHIGAN
AT THE TIME OF THE 1999 CODIFICATION
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Cheryl Farmer
Mayor
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S. A. Trudy Swanson
Ronnie Peterson
John Gawlas
William Nickels
Barry LaRue
Terry McDonaldCity Council
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Edward B. Koryzno, Jr.
City Manager
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John M. Barr
City Attorney
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Robert A. Slone, Jr.
City Clerk
PREFACE
This Code constitutes a complete recodification of the general and permanent ordinances of the City of Ypsilanti, Michigan.
Source materials used in the preparation of the 2004 republication were the 1999 Code, as supplemented through November 4, 1998, and additional ordinances subsequently adopted. Source materials used in the preparation of the 1999 Code were the 1983 Code, as supplemented through Ordinance Number 805 adopted August 1, 1994, and ordinances subsequently adopted by the city council. 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 Code, the reader can locate any section of the 1983 Code, as supplemented, and any subsequent 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. Notes which tie related sections of the Code together and which refer to relevant state law 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 Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. 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 shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1 CHARTER COMPARATIVE TABLE CHTCT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Indexes
The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages 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 publisher 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 1999 publication was under the direct supervision of Chantal Parker, Supervising Editor, and William Eddy, Editor, of the Municipal Code Corporation, Tallahassee, Florida. This 2004 republication was completed under the supervision of Tassy W. Spinks, Editor. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Cherry Lawson, Interim City Clerk, and John Barr, City Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher 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.
ADOPTING ORDINANCE
ORDINANCE NO. 893
An Ordinance Adopting and Enacting a New Code for the City of Ypsilanti, Michigan; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty 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 Ypsilanti ordains:
Section 1. The Code entitled "Code of Ordinances, City of Ypsilanti, Michigan," published by Municipal Code Corporation, consisting of chapters 1 through 122, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before November 4, 1998, 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 that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, 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 of not more than $500.00 or imprisonment for not more than 90 days. 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 reenacted 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. The following codes were adopted by reference and incorporated in the Code of the City of Ypsilanti, Michigan. One copy of each of these codes is on file in the city clerk's office.
(1)
The National Electrical Code (NFPA-70), 1996 Edition, as promulgated by the National Fire Protection Association, with Technical Amendments approved and recommended by the Reciprocal Electrical Council Inc., and approved by the Bureau of Construction, as adopted in Code section 18-71.
(2)
The BOCA National Property Maintenance Code, Fifth Edition, 1996, as published by the Building Officials and Code Administrators International, Inc., as adopted and amended in Code section 18-91 et seq.;
(3)
The BOCA National Fire Prevention Code, Tenth Edition, 1996, as published by the Building Officials and Code Administrators International, Inc., as adopted and amended in Code section 50-31 et seq.;
(4)
The Uniform Traffic Code for Cities, Townships and Villages, promulgated by the director of state police and published in the 1979 edition of the Michigan Administrative Code and amendments as published in the Quarterly Supplement No. 5 to the 1979 edition of Michigan Administrative Code, in accordance with Act No. 62 of the Public Acts of Michigan of 1956 (MCL 257.951 et seq.), as adopted and amended by Code section 102-31 et seq.
Section 6. Pursuant to Act Nos. 12 and 17 of the Public Acts of Michigan of 1994, the City hereby creates a municipal ordinance violations bureau and designates certain violations of the Code as municipal civil infractions as provided in chapter 70 of the Code adopted by this ordinance. A person who violates any provision of the Code designated a municipal civil infraction is subject to a civil fine on file at the municipal ordinance violations bureau. Repeat offenses shall by subject to such increased fines on file at the municipal ordinance violations bureau.
Section 7. Additions or amendments to the Code when passed in such form as to indicate the intention of the City 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 includes the additions and amendments.
Section 8. Ordinances adopted after November 4, 1998, 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.
Section 9. Effective Date. This ordinance was approved by the City Council for first reading on May 18, 1999, and second reading on June 15, 1999.
Made, Passed, and Adopted by the Ypsilanti City Council this 15th day of June, 1999.
/s/
Cheryl Farmer, Mayor/s/
Robert A. Slone, Jr., City ClerkAttest
I do hereby confirm that the above Ordinance No. 893 was published in the Ypsilanti Courier on the 24th day of June, 1999.
/s/
Robert A. Slone, Jr., City ClerkCertificate of Adoption
I hereby certify that the foregoing is a true copy of the Ordinance passed at the regular meeting of the City Council held on the 15th day of June, 1999.
/s/
Robert A. Slone, Jr., City ClerkORDINANCE NO. 1005
An Ordinance adopting a revision and codification of the Ordinances of the City of Ypsilanti entitled the Ypsilanti City Code, 2005 Edition, and to provide a penalty for the violation of the provisions thereof.
THE CITY OF YPSILANTI ORDAINS:
Section 1. Pursuant to Act No. 279, Public Acts of 1909, State of Michigan, as amended, the City of Ypsilanti hereby adopts the Ypsilanti City Code, 2005 Edition, and the printing of said Code is hereby ordered. Said Code contains all Ordinances of the City of a general and permanent nature as compiled, consolidated, amended, revised, re-arranged, and codified in Titles I to X, inclusive, of said Code. At least one complete copy of said Code has been and is now filed in the Office of the City Clerk, and shall there remain for public use and inspection.
Section 2. The provisions of the Ypsilanti City Code shall be effective on and after March 3, 1999, and prior Editions of the Ypsilanti City Code and all Ordinances of a general and permanent nature of the City of Ypsilanti adopted prior to May 4, 2004, and not contained in such Code are hereby repealed upon the effective date of the Ypsilanti City Code, July 1, 2005.
Section 3. The Ordinances of the City of Ypsilanti of a general and permanent nature contained in the Ypsilanti City Code, 2005 Edition, are amended, repealed, and re-arranged in the particular order of the Ypsilanti City Code, 2005 Edition, set out opposite the subject pertaining to such Ordinances, to which reference is hereby made as follows:
Subject Title of Code Administration I Utilities and Services II Parks and Public Grounds III Street and Sidewalks IV Zoning and Planning V Health Regulations VI Business and Trades VII Building Regulations VIII Police Regulations IX Traffic X Section 4. This Ordinance shall be effective after publication in accordance with the Charter of the City of Ypsilanti.
Section 5. The adoption of this Ordinance shall not prevent or affect the prosecution, within the time limited by law, of any violation of an Ordinance or Code which occurred prior to the effective date of the Ypsilanti City Code, or 2005 Edition, even if the Ordinance or Code violated was amended or repealed by the Ypsilanti City Code, 2005 Edition, before the time prosecution of said offender was commenced or completed.
Section 6. Whenever any act is prohibited or is made or declared to be unlawful or an offense, or the doing of an act is required or the failure to do any act is declared to be unlawful or an offense by the Code adopted by this Ordinance, or in any other Ordinance of the City, or in any rule, regulation, or order promulgated by any officer or agency of the City under authority duly invested in him or it, and no specific penalty is provided therefore, the violation of any said provision of said Code or any other Ordinance of the City of such rule, regulation, or order, shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding ninety days (90), or both such fine and imprisonment.
Section 7. Copies to be available. Copies of the ordinance are available at the office of the city clerk for inspection by, and distribution to, the public during normal office hours.
Section 8. Publication and Effective Date.
The City Clerk shall cause this Ordinance, or a summary of this Ordinance, to be published by printing the same in the Ypsilanti Courier. This Ordinance shall become effective after publication at the expiration of 30 days after adoption.
MADE, PASSED AND ADOPTED BY THE YPSILANTI CITY COUNCIL THIS 7th DAY OF June, 2005.
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Cheryl Farmer, Mayor____________
Cherry Lawson, City ClerkAttest
I do hereby confirm that the above Ordinance No. 1005 was published in the Ypsilanti Courier on the 16th day of June, 2005.
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Cherry Lawson, City ClerkCERTIFICATE OF ADOPTING
I hereby certify that the foregoing is a true copy of the Ordinance passed at the regular meeting of the City Council held on the 7th day of June, 2005.
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Cherry Lawson, City Clerk